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REPORT 

OF THE 

Nebraska Children’s 
Code Commission 

1920 


Department of Public Welfare 
State Capitol 
LINCOLN, NEBRASKA 


































6 


REPORT 

OF THE 

Nebraska Children’s 
Code Commission 


1920 



J13- 

IW3 


Department of Public Welfare 
State Capitol 
LINCOLN, NEBRASKA 







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Library of CONGRESS 
Received > 

JUn a 3 7323 





EXECUTIVE OFFICE 
Lincoln, Nebraska 


January 11, 1921. 

To the Honorable Walter L. Anderson, Speaker, and to 
the Members of the House of Representatives: 

The 37th session of the State Legislature provided for a 
Children’s Code Commission. It was my privilege to appoint 
the members of that body and I am submitting to you their 
report. 

Permit me to say on behalf of the members of the Com¬ 
mission that they worked zealously and faithfully in an effort 
to gather for your honorable body the information that is 
contained in this report, and I submit it in the hope that 
you wdll give this entire matter your most careful con¬ 
sideration. 

Respectfully submitted, 

Samuel R. McKelvie, 

Governor. 



TABLE OF CONTENTS 


PART I.—INTRODUCTION 

Page 

I. Scope of the report. 11 

II. Nature of legislation proposed. 11 

III. Special attention to rural conditions. 12 

IY. Purposes of child welfare legislation. 14 

PART II. 

SUMMARY OP LEGISLATION RECOMMENDED. 

I. Special classes of children.. 16 

(a) Defective children .. 17 

•(b) Dependent and neglected children. 22 

(c) Delinquent children . 28 

'(d) Courts and general provisions. 31 

II. Education and child labor. 32 

(a) Education . 32 

(b) Women and children in industry. 37 

(i) Women in industry. 37 

(ii) Children in industry. 38 

III. Health and recreation. 41 

(a) Health measures . 42 

(b) Recreation—board of inspectors of motion pictures 43 

IY. General child welfare . 46 

(a) Marriage and divorce. 46 

(b) General laws for the protection of children. 47 

(c) Sex crimes. 47 

(d) Children born out of wedlock.. 49 

(e) Guardianship and adoption. 50 

Y. Administration and law enforcement. 50 

(a) State child welfare bureau... 52 

(b) County boards of child welfare.•. 55 

PART III. APPROPRIATIONS RECOMMENDED 

List of appropriation . 53 

Discussion .*. 59 

Child welfare and taxation . 64 































PART IV. PROPOSED BILLS, WITH ABSTRACTS 

AND REFERENCES Page 

Sources of information.. 65 

Chapter I.—Special Classes of Children 

(a) Defective children . 69 

Bill 1. Bureau of juvenile research. 69 

2. Institution for feeble-minded, commitment. 71 

3. Special classes for mentally subnormal. 77 

(b) Dependent and neglected children . 78 

Bill 4. Nebraska home for dependent children. 78 

5. State industrial home for women. 80 

6. Children in poorhouses. 82 

7. Mothers’ pensions . 83 

8. Child-placing organizations . 86 

(c) Delinquent children . 91 

Bill 9. State industrial school for boys. 91 

10. State industrial school for girls..... 92 

11. State reformatory for women. 93 

(d) Courts and general provision . 95 

Bill 12. Juvenile court law. 95 

13. Court of domestic relations.112 

14. Probation officers .118 

15. Children in immoral surroundings.121 

16. Repeal of obsolete sections.122 

Chapter II.—Education and Child Labor. 

(a.) Education . 123 

Bill 17. Compulsory education law.123 

18. Part-time schools .134 

19. For longer school terms and state aid to weaker 

districts .136 

20. Raising maximum tax for school purposes.141 

21. School health law .142 

(b) Women and children in industry ..146 

(i) Women in industry .146 

Bill 22. Regulating hours of labor for women.146 

23. Employment of women at child-birth.147 

24 and 25. Minimum wage commission.148 

(ii) Children in industry\ ..158 

Bill 26 Child labor law.158 

27. Street trades law. 167 





































Chapter III—Health and Recreation. 

Page 

(a) Health Measures .169 

Bill 28. Regulation of maternity homes.169 

29. Regulation of children’s boarding homes.175 

30. Licensing midwives.179 

(b) Recreation .181 

Bill 31. Pool halls.181 

32. State board of inspectors of motion pictures.182 

Chapter IV.—General Child Welfare. 

(a) Marriage and divorce .189 

Bill 33. Marriage law .189 

34. Divorce .195 

(b) General laws for the protection of children. .195 

Bill 35. Kidnapping .195 

36. Abandonment .196 

37. Failure to support wife or child.197 

38. Advertising cures for venereal diseases.199 

39. Sale of poisons . 200 

(c) Sex crimes .201 

Bill 40. Rape .201 

41. Incest .202 

42. Pandering .203 

43. Public morals .205 

44. Sterilization of rapists .208 

(d) Children horn out of wedlock ....210 

Bill 45. Filiation proceedings .210 

46. Inheritance by children born out of wedlock.... .216 

47. Marriage to escape prosecution.218 

48. Compulsory care for unmarried mothers.218 

(e) Guardianship and adoption .221 

Bill 49. Raising age of majority for girls.221 

50. Adoption .222 

51. Guardianship .225 

Chapter V.—Administration and Law Enforcement. 

Bill 52. State child welfare bureau.226 

53. County boards of child welfare.230 


































December 30, 1920. 


Honorable Samuel R. McKelvie, 

Governor of Nebraska, 

The Capitol, Lincoln, 

Dear Sir:— 

The principle that “the child-welfare legislation of every 
state requires careful reconsideration as a whole at reason¬ 
able intervals, in order that necessary revision and co-ordina¬ 
tion may be made and that new provisions may be incorpo¬ 
rated in harmony with the best experience of the day/’ was 
given official recognition first in 1911 by the appointment in 
Ohio of a commission to codify and revise the laws of that 
state relative to children. By 1920 seventeen states and the 
District of Columbia had created such bodies and at least 
fourteen other states had taken some definite action toward 
a comprehensive program for child protection. The Children’s 
Bureau of the United States Department of Labor has ren¬ 
dered valuable aid to this movement and under its auspices 
conferences on child welfare were held in 1919 whose “mini¬ 
mum standards for child-welfare”—even though not presently 
attainable in all particulars—afford a basis for systematic 
effort. 

The Nebraska Children’s Code Commission, appointed by 
you in September, 1919, pursuant to an Act of the Legisla¬ 
ture of that year, began its work October 10, 1919. The 
fifteen members of the commission were representative of 
various spheres of social activity and their conclusions and 
recommendations are the result not alone of study, discussion 
and deliberation but of practical experience as well. The work 
was divided into five groups for each of which a special 
committee was constituted under a chairman especially 
qualified for that particular topic, and the proposals of each 
committee were then submitted to the commission for final 
action. The assembling of the materials and the executive 


5 


work of the commission were done, for the most part, by its 
capable and indefatigable secretary, Mr. C. E. Prevey. 

The commission was very greatly aided in its labors by the 
generous assistance of many persons having expert knowl¬ 
edge in particular fields—some of these, our own citizens; 
others, leading authorities of other states or of national 
organizations dealing with these problems. Helpful sug¬ 
gestions were received, likewise, as a result of the conferences 
held in several communities and from the responses to the 
questionnaires which were sent to state, county, city and 
school officials, heads of institutions and social workers 
throughout the state. The Department of Public Welfare 
and the Board of Control have co-operated with the commis¬ 
sion at all times and similar commissions in other states have 
given us the benefit of their labors. It is impracticable to 
make acknowledgment to each of these individually but the 
commission takes this occasion to express generally its appre¬ 
ciation of the service so freely rendered. 

Of the commmission as originally constituted, two members 
have resigned: Miss Charlotte Townsend R. N., because of 
extra demands upon her time occasioned by her duties as 
chairman of the school nursing section of the national* 
organization of public health nurses; and Mr. Jesse H. 
Newlon, because of his removal to Denver to become the 
superintendent of the public schools of that city. Their 
places were taken and the assigned work carried on by 
Dr. J. P. Edwards, Health Commissioner of the city of 
Omaha, and Chancellor C. A. Fulmer of the Federal Voca¬ 
tional Bureau. 

The commission issued in September, 1920, a preliminary 
report which briefly summarized its work up to that time 
and invited suggestions, criticism and information. This 
brought some valued suggestions which have been incorpo 
rated in the final report and resulted also in the endorsement 
of the work of the commission by several important, state¬ 
wide organizations. 

It is not expected that the report, herewith submitted, will 
meet unqualified approbation. No one can be more conscious 
of its deficiencies than the commission itself. It does, how- 


6 


I 


ever, embody the results of careful, conscientious study, 
practical experience, thorough discussion, and serious deliber¬ 
ation. It presents nothing visionary, impracticable, nor 
experimental. The commission believes that if the measures 
recommended will be enacted they will greatly promote the 
physical, mental and moral welfare of the children of this 
state, and respectfully urges the adoption of the whole pro¬ 
gram herein presented. 

We wish also to express to you our grateful appreciation 
of the interest you have manifested in and the consideration 
you already have given to the work of this commission. 

Very truly yours, 

Howard Kennedy, 

Chairman. 


7 


MEMBERS OF THE COMMISSION. 


Howard Kennedy, Chairman, Omaha. 

Lincoln Frost, Vice Chairman, Lincoln. 

Welcome W. Bradley, Omaha. 

Mrs. T. J. Hoyle, Lincoln. 

Dr. Palmer Findley, Omaha. 

Mrs. Emily P. Hornberger, Lincoln. 

Miss Annie C. Kramph, North Platte. 

Jesse H. Newlon, (resigned), Lincoln. 

C. A. Fulmer (lappointed to fill vacancy), Lincoln. 

Mrs. Addison E. Sheldon, Lincoln. 

Mrs. Draper Smith, Omaha. 

Miss Lillian B. Stuff, Omaha. 

Miss Charlotte Townsend, (resigned) Omaha. 

Dr. J. F. Edwards, (appointed to fill vacancy), Omaha. 
J. A. True, McCook. 

Mrs. T. F. A. Williams, Lincoln. 

Arthur G. Wray, York. 


C. E. Prevey, Executive Secretary. 


8 



STANDING COMMITTEES. 


1. Special Classes of Children. 

Lincoln Frost, Chairman. 

Welcome W. Bradley. 

Mrs. T. J. Doyle. 

Mrs. Emily P. Hornberger. 

Miss Lillian B. Stuff. 

2. Education and Child Labor. 

Mrs. Draper Smith, Chairman. 
Lincoln Frost. 

Jesse II. Newlon, (resigned). 

C. A. Fulmer. 

J. A. True. 

Mrs. T. F. A. Williams. 

3. Health and Recreation. 

Dr. Palmer Findley, Chairman. 

Mrs. T. J. Doyle. 

Dr. J. F. Edwards. 

Mrs. Addison E. Sheldon. 

Miss Lillian B. Stuff. 

4. General Child Welfare. 

Arthur G. Wray, Chairman. 
Welcome W. Bradley. 

Dr. Palmer Findley. 

Mrs. Emily P. Hornberger. 

Mrs. Addison E. Sheldon 

5. Administration and Law Enforcement. 

Mrs. T. F. A. Williams, Chairman. 
Dr. J. F. Edwards. 

Miss Annie C. Kramph. 

J. A. True. 

Arthur G. Wray. 


9 









4 



















* 

















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% 








PART ONE 


INTRODUCTION. 

I. SCOPE OF THE REPORT. 

The law authorizing the appointment of the Children’s 
Code Commission assigned it the duty of making a study oi 
child welfare in Nebraska and recommending legislation on 
that subject. 

The commission, after a careful consideration of the 
different interpretations of the term 11 child welfare,” decided 
to accept the broader meaning and to consider generally 
matters affecting the welfare of children which can be a 
proper subject, for legislation. Accordingly it was agreed 
that the needs of normal children in normal homes should not 
be neglected in considering the needs of special classes of 
children. It was further decided that the word “children” 
should be interpreted to include all persons under twenty-one 
years of age. 

With this broad definition of the field, it was, of course, 
recognized that it would be impossible to cover all aspects 
with equal thoroughness. With normal children there are 
important phases of welfare work which have become special¬ 
ized, partipularly in the field of primary and secondary edu¬ 
cation, public health and recreation. The commission has 
not attempted to cover these topics fully, but it has given 
some study to those aspects of each which affect the general 
child welfare situation and has suggested several bills upon 
these subjects. 

II. NATURE OF LEGISLATION PROPOSED. 

The children’s code commission has not been able to study 
intensively these special problems. It has made a general 
survey of the field and has summarized its findings in this 
report under two heads: 


11 



First, laws recommended to meet immediate needs. 

Second, administrative machinery which, if created, will 
make effective these recommendations and will study child 
welfare problems and suggest further legislation as the need 
develops. 

The measures recommended are composed of fifty-three 
bills, thirty-two of which are in the form of amendments to 
present laws; six would repeal present laws and enact new 
legislation on the same subject; and fifteen are new and in¬ 
dependent laws. 

III. SPECIAL ATTENTION T'O PUPAL CONDITIONS. 

Recognizing the fact that a large majority of the children 
of Nebraska live in rural communities, the members of the 
commission, in formulating their recommendations have given 
especial attention to child welfare in those communities. In 
the past most social welfare legislation has been based upon 
urban conditions. In this state the juvenile court law is 
limited in practice almost exclusively to Lancaster and Doug¬ 
las counties, which contain the largest two cities of the state. 
This has been true primarily because the law was drafted 
in such a way as to be clear in its provisions .for those 
counties while very indefinite in its application to other coun¬ 
ties. The compulsory school law requires full time attendance 
at school in the cities and only two-thirds of the time in the 
country. The length of the school term in the city is nine 
months, as required by law, and in the country it may be as 
low as four months. Provisions are made for attendance 
officers in the cities and the law T is fairly well enforced there, 
while in the rural districts it is very poorly enforced. A 
recent investigation showed that twenty-two thousand child¬ 
ren lived in districts where the average attendance per census 
pupil is less than forty days in a year, and that sixteen thou¬ 
sand lived in districts which enroll less than forty per cent 
of the children of school age, while sixty-four thousand lived 
in districts which enrol] less than fifty-five per cent. 

This inequality in enforcement of child welfare measures 
becomes apparent when it is realized that nearly four-fifths 
of the children of the state live outside of towns having a 


12 


population of twenty-five hundred or over. It will be in vain 
to try to eliminate illiteracy by compulsory school laws and 
child labor laws and to minimize physical defects by school 
health laws if such legislation is effectively enforced among 
only one-fourth or one-fifth of the children of the state. 

The figures of the census of 1920 are not yet available, 
but in the table given below is shown the number of children 
in Nebraska according to the census of 1910 in each age 
group, classified as urban and rural; urban being defined as 
those living in towns having a population of twenty-five 
hundred or more. The estimate for 1920 is made by adding 
ten per cent in each age group, which is approximately the 
percentage of increase in the total population. From this 
table it appears that there are approximately six-hundred 
thousand children in Nebraska under twenty-one years of age 
and that 79 per cent of all the children live in rural communi¬ 
ties. 

CHILDREN IN NEBRASKA. 

Number in 1920, estimated by adding 10 per cent to 
census figures for 1910. 


1910 

Age Total Urban No. Rural No. 

Under 5 .140,096 29,190 110,906 

5 to 9 128,086 26,094 101,992 

10 to 14 .121,782 25,168 96,614 

15 to 19 .124,518 30,109 94,409 

Estimated age 20 24,903 6,022 18,882 


539,385 116,583 422,803 

1920 

Age Total Urban No. Pet. Rural No. Pet. 

Under 5 .154,105 32,109 20.8 121,996 79.2 

5 to 9 .140,894 28,703 20.4 112,191 79.6 

10 to 14 .133,959 27,684 20.8 106,275 79.2 

15 to 19 .136,969 33,120 24.3 103,849 75.7 


Estimated age 20 . 27,394 6,624 24.2 20,770 75.8 

593,321 128,240 21.6 465,081 78.4 

















IV. PURPOSES OF CHILD WELFARE LEGISLATION. 

The underlying thought of the legislation which is recom¬ 
mended is that the state is ultimately responsible for the care 
of all children. It is interested in the moral, mental and 
physical development of the children of the state because to 
the extent that they so develop, they will contribute to the 
material prosperity and spiritual strength of the community; 
and to the extent that they fail to develop they will become 
a menace and a burden to society. 

The responsibility for the care and education of children 
belongs primarily to the family. The future welfare of the 
state and nation depends very largely on the developing of 
the feeling of that responsibility on the part of parents and 
the strengthening of the home as the most fundamental 
institution in society. In child welfare legislation, which so 
closely affects the integrity of the home, it is especially 
necessary to avoid policies which will have a tendency to 
weaken the home or the family. 

With the growing complexity of modern life, however, it 
is necessary for the state to supplement the home in certain 
activities. In the field of education the state school system 
supplements the efforts of the family almost to the exclusion 
of the latter. The state charitable institutions for children 
in the past have been an open door for the care of such 
dependent, neglected and wayward children as are brought 
to the attention of the state. In these two departments of 
state activity, which are universally approved, it is admitted 
that private initiative fails to guarantee adequate care, and 
that: (1) All children will b-e better - provided for through 
state control of education; and (2) A few children must 
receive all their care from the state in exceptional cases 
where, through poverty, delinquency or mental incapacity, 
the family breaks down. 

To these two functions of the state the Children’s Code 
commission would add a th^rd important feature. It would 
provide through the stat^ child welfare bureau and the 
county boards of child we^farg means by which the state may 
search out every child vfjio n§*eds its aid or protection, The 


14 


commission considers this a fundamental addition to onr 
child welfare system. In the past, notwithstanding the com¬ 
pulsory education laws and our state-wide free schools, there 
have beeen thousands of children who have grown up with¬ 
out the advantages of schooling. If the laws- recommended 
in this report are adopted there will be provided in every 
school district of the state, not only the opportunities for 
school training, but also through the state child welfare 
bureau co-operating with the county boards of child welfare, 
the necessary machinery for securing to every - child the 
school opportunities which the state affords. Local attend¬ 
ance officers are provided for in all cities and county attend¬ 
ance officers or superintendents of child welfare are provided 
for in every county. The work of the county board of child 
welfare and the state child welfare bureau are so co-ordinated 
as to assure that every child throughout the state shall be 
reached. 




15 


PART TWO. 


SUMMARY OF LEGISLATION RECOMMENDED. 

The Children’s Code Commission has been organized in 
five committees, each of which has had a definite department 
of the field of child welfare. Each committee has originated 
the proposed legislation in its assigned field, and this after 
careful analysis by the commission as a whole and the rejec¬ 
tion or modification of many proposals, has been worked into 
the final report which has received the approval of the commis¬ 
sion. In the following paragraphs there is summarized a 
statement of conditions studied by each committee and the 
legislative remedies submitted by the commission. The ma¬ 
jority of these recommendations are in the form of definite 
bills which are given in full in Part Four of this report, 
grouped together in five chapters corresponding with the five 
committees. In addition to these bills, the commission has 
adopted a number of recommendations in some cases endors¬ 
ing bills originating elsewhere, in others recommending ap¬ 
propriations, and in still others outlining the policies for fu¬ 
ture legislation, all these recommendations being summarized 
in the following paragraphs which are to be considered in con¬ 
nection with the legislative proposals in Part Four of this 
report. 


I. SPECIAL CLASSES OF CHILDREN. 

This subject covers by far the largest field in child wel¬ 
fare legislation. Until recent years social welfare organiza¬ 
tions concerned themselves almost wholly with the study 
of the special classes of children. Some of the earlier 
code commissions confined their investigations practically 
to this branch of the field. Later commissions have given 
more attention to the study of child welfare in general, 
including the normal child in the normal home. 


16 



Following the usual classification, the report of commit¬ 
tee number one will be divided into four heads, covering 
respectively the defective, the dependent and neglected, and 
the delinquent children; and finally a report on courts and 
general provisions ‘ for all the special classes of children. 

(a) Defective Children. 

Defective children include the feeble-minded, crippled, 
blind, deaf, and children with speech defects. 

Among these the feeble-minded constitute by far the 
greatest problem. This should be considered as not merely 
the problem of caring for these unfortunate children, but 
as affecting the social welfare of the whole state. Mental 
defect is so widespread and of such varying degrees, and its 
tendency to increase so vitally affects the welfare of the state 
as a whole, that it easily takes a foremost place among our 
child welfare problems. To the average person the term 
feeble-minded connotes the typical inmate of an institution, 
—an idiot or imbecile. As a matter of fact these constitute 
but a small percentage of the feeble-minded and they are 
the least troublesome as a social menace. 

A thoroughgoing survey of ten counties in Indiana, made 
by experts employed by a state commission to study the prob¬ 
lem of mental defectives in that state, brought out the fol¬ 
lowing facts: 

In the counties studied it was found that 2.11 per cent 
of the population were mentally defective. This included, 
however, the epileptic, the insane and the feeble-minded. It 
was found that 4,157 or 1.65 per cent of the population 
were feeble-minded. Among these only 99 were classed as 
idiots or the lowest grade of mentally deficient, 791 as im¬ 
beciles, while 3,268 were classed as morons or high grade 
feeble-minded. Of the latter only 237 were in institutions, 
while the experts who made the survey, classified 1,283 as 
needing institutional care, and 1,748 as not in need of such 
care. Of the 4,157 feeble-minded, only 135 were being cared 
for in the state institution for feeble-minded, while 148 were 
found in poor asylums, 46 in orphans’ homes, 30 in the 
girls’ industrial schools, 9 in the boys’ industrial schools, and 


17 


49 in other institutions. This report states that the idiot 
and imbecile do not ordinarily reproduce their kind. On 
the other hand the average family of the moron is 2.4 times 
as large as the average normal family. It is estimated that 
65 per cent of feeble-mindedness in the • state can be traced 
to heredity. 

If the same percentage of the population of Nebraska 
were feeble-minded, this state w T ould have 21,384 feeble¬ 
minded. This is probably larger than the actual number. 
It is possible that certain conditions of environment and 
geographical location and historical influences may have re¬ 
sulted in a considerably larger proportion of mental defect 
in the older state than in the newer. It is an unfortunate 
fact that we have no definite data as to the number of 
mentally defective in this state, but after making all pos¬ 
sible allowance for differences in the character of the popu¬ 
lation it is evident that the great majority of our mentally 
defective are not being cared for in institutions but are 
allowed to live their own life and to reproduce their kind. 
The capacity of our state institution for the feeble-minded 
is only seven hundred, and the majority of the inmates are 
of the idiotic and imbecile type which do not ordinarily repro¬ 
duce. The great majority therefore of the moron type which 
are, in general, reproducing much more rapidly than the 
normal population are allowed to marry and to increase the 
proportion of feeble-minded in the state. 

A survey made by the state child welfare bureau during 
the past year, while not purporting to be an accurate census of 
the mentally defective, has brought out some facts well 
worth considering in this connection. The teachers of the 
state were requested by the bureau to fill out questionnaires 
on all the special classes of children. The questionnaires re¬ 
turned, covering 89,754 of the school children of the state, 
reported the following number of each of the special classes 


of children: 

Blind . 60 

Deaf .118 

Crippled .384 

Speech defects .600 


18 






Mentally deficient .432 

Dependent .123 

Neglected .461 


The school children covered in this report constitute 
* only 15 per cent of the 593,000 children under the age of 
twenty-one years in the state. Assuming the same per¬ 
centage of defectives and needy children would be found 
among all the children of the state, we have the following 
table: 



Nebraska Children Under 21 

In State ! 

Institutions 


Number 

Estimated 

During 

At End of 


Reported 

in the State 

Biennium 

Biennium 

Blind . 

. ... 60 

400 

106 

48 

Crippled . 

... 384 

2,560 

795 

54 

Deaf . 

... 118 

786 

248 

169 

Mentally deficient. 432 

2,880 

663 

553 

Speech defects. 

... 600 

4,000 

No institutions 

Dependent .... 

... 123 

818 

517 

325 

Neglected .... 

... 461 

3,072 

No data 



In considering the • great discrepancy shown by this 
table between the estimated number of defective children in 
the state and the number cared for, allowance should be 
made for several things. Of the estimated 400 blind child¬ 
ren in the state, it is true that a certain portion are too 
young to enter the school for the blind and a few are re¬ 
ceiving instruction elsewhere. And yet when only 48 child 
ren are taught in the state school for the blind at a given 
time out of approximately 400 blind under 21 years of age, 
and only 169 are being taught at the school for the deaf out 
of an estimated 786 deaf children in the state, it is evi 
dent that a large proportion of these handicapped children 
are not receiving the training which they might receive and 
which would make all the difference between self-support 
and dependency in many cases. The same is true of the 
crippled children, only 795 of whom were received at the 
state orthopedic hospital during the biennium out of an esti¬ 
mated 2,560 in the state. 

In regard to the defective children the commission 
reached the following conclusions on which are based the 
legislative proposals: 


19 










(1) The feeble-minded are the most numerous of the 
defective classes and from the moron or higher grade feeble¬ 
minded are recruited the majority of all the defective 
classes and of all the inmates of our penal and correctional 
institutions. It has been estimated that there are between 
3,000 and 4,000 feeble-minded in the state and only about 
700 of them are receiving institutional care. 

(2) The rate of increase is much more rapid among the 
feeble-minded than among the normal. 

(3) Where either parent is feeble-minded the off¬ 
spring is likely to be and where both parents are feeble¬ 
minded the children are sure to be. 

(4) The only practicable means of limiting the future 
increase of the feeble-minded is to segregate them from the 
rest of the population and this is emphatically true of the 
moron. 

(5) By segregating the higher grades in state institu¬ 
tions or farm colonies they can be made practicably self- 
supporting. 

(6) In order to carry out these plans of segregation 
on a large scale it is necessary to begin by securing more 
information as to the extent and nature of the problem and 
by training experts to examine and classify the feeble¬ 
minded as a necessary step to their segregation. 

(7) For the large number of mentally subnormal who 
cannot be classified as institutional cases, it is necessary to 
furnish instruction in special classes where the training 
will be adapted to the needs of the pupils in order to pre¬ 
pare them for practical work and in order to separate them 
from the normal children in schools, where they are a great 
hindrance to efficiency. 

In order to carry out these plans the commission makes 
the following recommendations: 

(1) That a bureau of juvenile research be established 
(Bill 1, page 69). The purposes of this bureau are to 
provide the board of control with an agency for the observa¬ 
tion, classification and treatment of children committed to it 
for institutional care, to study and investigate the prob¬ 
lem of the feeble-minded, and to supply a staff of experts 


20 


to make examinations of defective children in public schools 
and in juvenile courts. 

The bureau is to be created under the board of control 
for the reason that it is a necessary part of the institutional 
equipment of the state for the care of the state’s juvenile 
wards'. The commission recommends an appropriation for 
the maintenance of this bureau during the first biennium of 
$30,000. 

(2) That the present law relating to the state insti¬ 
tution for feeble-minded and the method of commitment 
thereto be amended (Bill 2, page 71). The purpose of this 
amendment is to restate the name and the purposes of the 
state institution for the feeble-minded, to strengthen the 
provisions for the compulsory commitment of the feeble¬ 
minded and to provide that where the person committed is 
already an inmate of any state institution, the commitment 
shall be to the custody of the state board of control instead 
of the state institution for feeble-minded, making it possible 
by this means to detain in the industrial schools or in the 
state reformatory for women or other penal institution, for an 
indefinite time, those who are committed for delinquencies 
and who should not be returned to society because of mental 
defect. 

(3) That special classes be established for the mentally 
subnormal (Bill 3, page 77). These classes will provide 
training by specially qualified teachers, for those who are 
mentally subnormal but do not need institutional care. In¬ 
dustrial training and the greater personal attention given 
the individuals in such classes will have a great tendency 
to prevent these children from becoming dependent or de¬ 
linquent. This bill provides for state aid for such classes to 
the extent of $50 for each pupil instructed. To carry out 
the purposes of the act an appropriation of $20,000 is recom¬ 
mended. 

In addition to the three bills above referred to dealing 
directly with the mentally defective, the commission has pro¬ 
vided incidentally in other bills, for the care of the defectives 
and for the checking of their future increase as follows: In 
the marriage law (Bill 33, page 189) there are provisions 


21 


for prohibiting the marriage of the mentally defective. An 
amendment to the law creating the state reformatory for wo¬ 
men is recommended (Bill 11, page 93), providing for the 
permanent detention at that institution of girls committed 
there who are found to be mentally defective. An amend¬ 
ment to the juvenile court law (Bill 12, page 95) provides for 
examination by mental experts of children brought before 
the juvenile court in certain cases. 

In addition to the legislative measures that have been 
prepared by the commission, affecting the mentally defective, 
the commission has agreed upon the following policies which 
they recommend should be carried out by the state: 

(1) That the state should provide for the segregation 
of the feeble-minded especially of the moron class in colonies 
in connection with the state institution for feeble-minded. 
These colonies should be built up on the cottage plan with 
large tracts of land, where the high grade men and boys may 
be employed in agricultural and horticultural occupations 
and where the girls and women may likewise be employed 
in separate colonies. 

(2) The commission recommends liberal ‘appropriations 
for the enlargement of the state institution for the feeble¬ 
minded and for the enlargement of the state reformatory 
for women, in order that the latter institution may be made 
efficient and that it may be possible to detain permanently 
those who are committed there as delinquents o.r misdemean¬ 
ants and who are found upon examination to be of such low- 
mentality that they are likely to become the mothers of 
defective children or become a menace to the community. 

(3) The commission recommends that as soon as pos¬ 
sible the state should establish a special colony for epileptics 
to care for these unfortunates, who, though otherwise 
mentally normal in many cases, are now either cared for in 
poor houses, or in institutions with the insane or feeble¬ 
minded or are deprived of institutional care. 

(b) Dependent and Neglected Children. 
Dependent children are those who, through poverty 
or the breaking up of the home, must rely upon the public. 


for support. Neglected children are those whose parents 
abuse or neglect them to such an extent that it is necessary 
for society to interfere in their behalf. As the neglected 
children usually become a charge upon the public they may 
be considered together with the dependent. So far as the 
state is concerned the primary agency for caring for these 
children as well as for the delinquent, is the juvenile court, 
which will be discussed in later sections. The agencies for 
the relief of dependent and for the protection of neglected 
children include the child-saving organizations and orphan¬ 
ages conducted by churches, the children’s homes maintained 
by fraternal organizations and family relief organizations, 
all these supplementing the work which the state is doing 
through its home for dependent children and industrial home 
for women and through the mothers’ pension law. 

The problems of dependent and neglected children in 
Nebraska are numerous and complicated and the commission 
has found a number of unsatisfactory conditions which are 
susceptible of improvement by legislation. These may be 
summarized as follows: 

(1) The work of child placing organizations should be 
carefully supervised by the state. Several such societies are 
doing good work in the state. On the other hand numerous 
irresponsible agencies are attempting to do such work with 
insufficient funds and in some cases, from mercenary motives. 
The result is that children are often placed in improper 
homes and cases have been found where children were actually 
being exploited or were growing up in the most evil surround¬ 
ings after having received, at one time, the attention of some 
one of the child-caring agencies. The present state law pro¬ 
vides for state supervision, but owing to its ambiguity and 
to the fact that no adequate appropriations have ever been 
made, these organizations have not been properly investi¬ 
gated, supervised or regulated. 

(2) The law in Nebraska permits children to be cared 
for in poorhouses and a few children are still’found in such 
institutions. This is believed to be unnecessary with the 
large number of children’s homes and of private homes in 
which children could be placed under normal environments. 


23 


(3) There are two state institutions caring for dependent 
children, the Nebraska home for dependent children at Lin¬ 
coln, and the industrial home for women at Milford, which 
latter provides temporary care for unmarried mothers at the 
time of childbirth and in many cases finds homes for the 
children born there. The work of finding homes for these 
children as well as of investigating homes to which children 
from the state industrial schools may be placed on parole 
should be centralized in order that greater specialization may 
be permitted and the expense of visiting and investigating 
homes be reduced to a minimum. At present the state em¬ 
ployes no visitor or investigator to follow up children that 
are placed out from state institutions except the agent of 
the state home for dependent children. 

(4) There are unmarried mothers who have no means oi 
support and no friends to care for them in confinement and 
who through ignorance or prejudice refuse care in suitable 
institutions. Nebraska is unique in having a state institution 
established especially for the care of unmarried mothers at 
the time of confinement, requiring their residence in this 
institution for one year and providing for their training in 
industrial and domestic arts. The commission is of the opinion 
that in cases where unmarried mothers who have no other 
proper means of caring for themselves refuse to enter volun¬ 
tarily the state institution, and where it appears likely that 
the child will be neglected as a result, such women should be 
committed to the state institution. 

(5) The state has a good law relating to mothers’ pen¬ 
sions but there are certain restrictions which, after two 
years experience, have been found to interfere with its ef 
fectiveness. 

In order to remedy the conditions above referred to 
and to harmonize and improve the existing legislation on 
the subject, the commission recommends the following 
measures: 

(1) The* enlargement of the state child welfare bureau 
particularly to cover the needs of dependent children. The 
details of this reorganization are given in Part Five of this 
summary and in bill 52 (page 226). In this bureau will be 


24 


a division of child-placing, probation and parole which will 
centralize all work of visiting and investigating homes in 
which children are placed either by the state institutions or 
by private organizations. 

(2) An amendment to the law regulating the Nebraska 
home for dependent children (Bill 4, page 78). This provides 
for the transferring of the work of placing-out dependent 
children from the state institution to the state child welfare 
bureau. 

(3) An amendment to the law creating the Milford 
home (Bill 5, page 80). This bill restates the purposes of 
the state industrial home and provides that mothers receiving 
its care shall be encouraged to keep their children, but in 
case they surrender them to the state such children shall be 
committed to the state home for dependent children to be 
placed out by the child welfare bureau. This bill also 
permits the state industrial home to receive unmarried 
mothers committed to it for care. 

(4) An amendment to those sections of the statutes 
relating to children in poorhouses (Bill 6, page 82). This 
prohibits the keeping of children in poorhouses, provides for 
their relief and care elsewhere, and forbids the admission of 
pregnant women for care in such institutions. 

(5) An amendment to the mothers’ pension law (Bill 7, 
page 83). This raises the age of children who may receive 
the benefits of the pension from fourteen to sixteen, increases 
the total amount which one family may receive from $50 to 
$75, and reduces the length of residence required in the 
county from two years to one year. The present law pre¬ 
vents any mother from receiving the benefits of the act if 
she has relatives who are legally liable for the support of 
the children, and the bill strikes out this restriction because 
it has been found unworkable. 

(6) A bill for the regulation of child-caring organizations 
(Bill 8, page 86). It is proposed that the present law be 
repealed and that a new law, which is based upon a Minnesota 
statute, be enacted. In the preparation of this bill the com¬ 
mission has made every effort to secure the best advice and 


to have the co-operation of the private child-placing organiza¬ 
tions of the state. Numerous conferences have been held with 
the representatives of these organizations and the original 
proposal has been amended several times to meet their objec¬ 
tions. 

In addition to the above measures dealing directly 
with dependent and neglected children, the commission has 
included in other bills, certain provisions affecting incident¬ 
ally this class. The bills relating to the juvenile court (Bill 
12, page 95) and to the court of domestic relations (Bill 13. 
page 112) have important sections providing for the care of 
such children. Bills have been approved by the commission 
relating to maternity homes (Bill 28, page 169) and to private 
boarding homes for children (Bill 29, page 175). There are 
also proposed 'an amendment to the present law on abandon¬ 
ment and non supportt (Bills 36 and 37, pages 196, 197) ; 
a bill relating to children born out of wedlock (Bill 45, 
page 210) ; a bill providing for the process of commit¬ 
ment in cases where unmarried mothers refuse to accept 
care in proper institutions (Bill 47, page ...); and amend¬ 
ments to the law relating to adoption and guardianship (Bills 
50 and 51, pages 222, 225). 

In closing this part of the report, the commission deems 
it advisable to call attention to certain conditions and certain 
policies regarding the treatment of dependent children by 
the county authorities which are not matters for legislation 
at least at the present time, but in which it is suggested that 
a change in the administration of the laws by county attor¬ 
neys, judges and those administering the county relief funds 
might be beneficial. 

The commission is unanimously of the opinion that the 
best place for the normal child is in a normal family home. 
When homes are broken up by death or separation of the 
parents, or when, through neglect or incapacity, the children 
become proper subjects for disposition by the courts or for 
care by the relief authorities, it is desirable that all pos¬ 
sible means should be used to keep these children in 
family homes rather than commit them to any institution. 
It has been found that in many cases the county commis- 


26 


sioners in administering relief, and the juvenile courts in 
administering the mothers’ pension law are parsimonious in 
their provision for mothers with dependent children. There 
has been a tendency to a short sighted economy on the part 
of these officials which, while temporarily conserving the 
funds of the county, has resulted in children growing up in 
these homes poorly fed, poorly clothed and consequently 
with the greatest tendency to become dependents or delin¬ 
quents; or on the other hand this policy has resulted in the 
separation of children from their parents for no other reason 
than that of poverty. Cases have been discovered where 
dependent children not charged with any misconduct have 
been committed to the state industrial schools apparently 
because the county authorities were not willing to provide 
the funds which were necessary to maintain the families in 
which these children were found. The commission is of the 
opinion that it is cheaper to grant adequate support for 
such families either by a mother’s pension or by temporary 
relief, than to commit such children to any public or 
private institution. It is also more humane and makes for 
better citizenship. 

'There are cases where it is necessary to provide insti¬ 
tutional care for children whose homes are temporarily dis¬ 
rupted. The present law provides that such children may 
be placed in the state home on condition that a reasonable 
rate be paid for their board. We find there has been a 
tendency on the part of some counties to-refuse to pay these 
charges, thereby working a hardship upon families and 
sometimes forcing the permanent separation of children from 
their parents. We recommend that county authorities avail 
themselves of the facilities of the state institution. With 
these provisions by state and county it is possible to afford 
either temporary or permanent support for every dependent 
child in the state. 

In addition to these public agencies there are numerous 
private organizations providing excellent care for children. 
The commission, however, is satisfied that there is no need 
at the present time for further extension of institutional 
care for dependent children.. The prime need is for greater 


27 


effort to conserve the natural home and to place in 
families, children who have not proper homes. To this 
end we recommend the strengthening and broadening of 
the state’s system for caring for children rather than for 
the multiplying of private agencies. 

(c) Delinquent Children. 

A marked increase in juvenile delinquency since the war 
has been reported generally throughout the country. In 
Nebraska in the largest two cities the juvenile court records 
show that the cases of delinquency have greatly increased 
during the past two years. In other parts of the state the 
records are not uniform, some counties reporting an in¬ 
crease, others reporting no change and the majority furnish¬ 
ing no information. 

Where complete records have been kept the increase 
in juvenile delinquency becomes apparent, while in other 
places, a like increase probably has occurred but is not 
noted. Where the juvenile court has not functioned 
adequately the minor delinquencies have been ignored and 
no attention has been paid to the offender until a serious 
crime has been committed. This may account for the fact 
that while the reports of the majority of juvenile courts show 
no increase in their work, the number of commitments to 
the penitentiary in the last two years has practically doubled. 

So far as the commission has been able to ascertain, the 
methods of dealing -with juvenile delinqnency in the ma¬ 
jority of the counties have not kept pace with the develop¬ 
ment of the juvenile court. There is still a tendency to 
ignore the conditions which naturally lead to anti-social 
conduct among children, to pay very little attention to 
prevention, to deal with the child only when some crime has 
been committed and then in the same manner as with an adult 
law breaker. 

The experience of communities which have long made 
use of preventive measures, shows that such methods are ef¬ 
fective. An illustration of this is found in a comparison of 
the records of the juvenile courts of Chicago with those of 
other such courts of Illinois. The first juvenile court was 


28 


established in Chicago and it is now one of the best equipped 
courts in the country. Probation service and means for the 
study and classification of delinquent children, are much more 
adequate than in the other courts of the state. A report 
of the Federal Children’s Bureau (Bureau publication No. 
65) shows that among 3,007 cases in the Chicago court 45 
per cent were placed on probation and only 25.5 per cent 
committed to institutions, while of 974 cases in other courts 
of the state only 28 per cent were placed on probation and 
46.9 per cent were committed. This shows that through 
probationary oversight it was possible to strengthen the home 
and keep children in their own families instead of in penal 
institutions. 

Besides the juvenile court the state’s facilities for caring 
for juvenile offenders include the industrial schools for boys 
at Kearney and for girls at Geneva. Both these institutions 
are overcrowded; and at each, additional cottages should 
be provided to permit better classification, so that the 
younger children may not be brought in contact with the 
older and more wayward. Furthermore, in order that these 
institutions may accomplish their real purpose, the state 
must provide adequate compensation to secure a sufficient 
number of properly trained teachers and assistants. 

There has been no appropriation in the past for the 
employment of parole officers from either of these institutions 
and this work has fallen entirely upon the superintendents. 
With the multitude of administrative duties devolving upon 
them, it has been impossible for them to give adequate at 
tention to the finding of proper homes to which children may 
be paroled or to the visiting and necessary “follow-up” 
work. 

The state reformatory for women at York also re¬ 
ceives delinquent girls of the age of fifteen years or over. 
This institution cares for those only who are committed as 
misdemeanants, that is, those whose terms may not exceed 
ninety days. It serves almost exclusively as a reformatory 
for sex offenders. A large percentage of these girls are 
suffering from venereal diseases, and the law directs that, 
under rules made by the board of health, such inmates shall 


29 


be detained in the institution until they are pronounced free 
from disease in an infectious state. 

Many of the girls committed to this institution are found 
to be mentally sub-normal.' Experience in all institutions for 
delinquent women and girls indicates that such inmates are 
largely of the moron class and that their unfortunate condi¬ 
tion is due to their mental incapacity, their inherited weak¬ 
ness, and to social conditions which make them victijns of 
the vicious elements of society. To allow these defectives to 
return to society as soon as their physical health permits, 
and in many cases, to the same life they were living before 
is a short-sighted policy. 

To remedy the conditions in the preceding paragraphs 
the commission recommends legislation as follows: 

(1) An amendment to the law regulating the state 
industrial school for boys at Kearney (Bill 9, page 91). The 
purpose of this amendment is to make the statute harmonize 
with the juvenile court law T , repealing a number of obsolete 
sections; to provide for the employment of a field agent to 
investigate homes where boys are placed on parole; and 
further to provide that when the state child welfare bureau 
has created a staff for the visitation and “follow-up” work 
for children placed out from state institutions, the board 
of control shall delegate this work to the bureau which shall 
then act as its agent. 

(2) An amendment to the law regulating the girls’ 
industrial school at Geneva (Bill 10, page 92) with the same 
purpose as Bill 9. These two amendments, together with 
the amendments to the laws regulating the Nebraska home 
for dependent children and the state industrial home at 
Milford mentioned above, will centralize in the state child 
welfare bureau the placing and visitation of such children 
in families. 

(3) An amendment to the law creating the state re 
formatory for women at York (Bill 11, page 93). The 
purpose of this amendment is to provide that all girls com¬ 
mitted to the institution shall be given the standard tests 
for mental development, and that those who are found to 
be feeble-minded shall' be brought before the proper court 


30 


for a determination of their mental status. They may then 
be committed to the state board of control with power either 
to detain them at the reformatory at York or to transfer them 
to the state institution for feeble-minded. It is recommended 
that the board of control be given this power for the reason 
that many of these cases present especially difficult problems 
of discipline and should be colonized in the institution for 
delinquents. 

In addition to the above specified recommendations re¬ 
lating to institutions for the delinquent, the commission pro¬ 
poses elsewhere in this report several other measures which 
will help to prevent juvenile delinquency. The amendments 
to the compulsory education law and the child labor law will 
tend to keep in school children who are not employed and 
to prevent the employment of children in harmful occupa¬ 
tions. An important measure (Bill 32, page 182) provides 
for the state inspection and regulation of motion pictures. Tt 
is a fact very generally recognized by juvenile court officials 
that many children receive from such pictures the sug¬ 
gestion which leads to acts of delinquency and it is believed 
that this law, by eliminating the immoral and criminal from 
such exhibitions, will protect children from vicious influences 
at the most susceptible age in life. Important bills (Bills 40, 
41, 42, 43 and 44, pages 201-210) relate to sex crimes. It is 
expected that their enactment will greatly increase the pro¬ 
tection to young girls. The bill enlarging the state child 
welfare bureau (Bill 52, page 226) provides an officer whose 
duty it will be to co-operate with the juvenile courts and 
probation officers. With such co-operation it is hoped that 
much better methods of dealing with unfortunate children 
may be developed throughout the state. 

(d) Courts and General Provisions. 

In the preceding paragraphs the conditions calling for 
the revision of the juvenile court law were discussed. Three 
members of the commission have had extensive experience 
as juvenile court judges. Further information and counsel 
have been secured through conferences at various places and 
by correspondence with every county and district judge and 


31 


probation officer in the state. • The changes in the juvenile 
court law are the result of the experience of the members 
of the commission combined with the information and advice 
secured from these sources and also from a study of the 
workings of the juvenile courts of other states. The particu¬ 
lar changes recommended and the reasons therefor are given 
in connection with the juvenile court bill (Bill 12, page 95). 

In addition to the revised juvenile court law, the com¬ 
mission recommends the creation of courts of domestic rela¬ 
tions in Lancaster and Douglas counties. The reasons and 
the explanation of this bill are given in connection with the 
bill itself (Bill 13, page 112). The commission also recom¬ 
mends slight amendments to existing statutes as follows: 

Bill 14, page 118, amending the law governing the ap¬ 
pointment of probation officers; Bill 15, page 121, amending 
the phraseology of the section of the statutes relating to neg¬ 
lected children and Bill 16, page 122, repealing obsolete sec¬ 
tions of the statutes. 

II. EDUCATION AND CHILD LABOR. 

The committee on education and child labor has had to 
deal with two distinct subjects: education, and women and 
children in industry. 


(a,) Education. 

Investigations have revealed startling inequality in edu¬ 
cational opportunities in different parts of the state. Ac¬ 
cording to the reports of county superintendents in 1919- 
20, out of 7,112 school districts of the state, 2,658 maintained 
school for nine months, 2,467 for from eight to nine months, 
1,502 for from four to eight months, 266 less than four 
months and 214 reported no school. A tabulation of these 
reports for 1917-18 made by Mr. T. Y. Goodrich showed 
that 16,000 children lived in districts which enrolled 
less than 40 per cent of the children of school age. More 
than 22,000 children lived in districts where the average 
attendance per census pupil was less than 40 days in a. 
year. More than 7,000 children lived in counties where the 
assessed valuation per census child was less than $800. On 


32 


the other hand more than 14,000 children lived in counties 
where the valuation was $2,000 or more per child. These 
discrepancies, of course, would be greatly increased if the 
assessed valuation per child in individual districts were 
shown. 

According to Statistics of State School Systems, (p. 14) 
published by the Federal bureau of education in 1920, Ne¬ 
braska stands 25th among the states according to the length 
of school term provided, with an average length of term in 
Nebraska of 165 days. In many of the districts of Ne¬ 
braska the income from taxation is insufficient to maintain 
school even four months in the year. 

To meet the inequalities in school opportunities due to 
differences in wealth and in density of population, it has 
been recommended by many educators that a large portion 
of the funds necessary for the maintenance of the public 
schools be raised by a state tax. In many states a consider¬ 
able proportion of the funds for the support of schools is 
thus raised: in Montana, over 50 per cent; in Kentucky, 44 
per cent; in Maine, 43 per cent; in New Jersey, 42 per cent; 
and in Texas, 34 per cent. In Nebraska, there is no state 
wide tax for schools. Nineteen per cent of their entire sup¬ 
port comes from the state fund derived from the sale and 
income from school land and from fines, etc., and 81 per 
cent of all the expenditures for school purposes are derived 
from local taxation. The commission, after carefully con¬ 
sidering the proposal to equalize the burdens of school sup¬ 
port by state tax, concluded that it would be unwise at 
present to undertake such a measure. The commission, 
however, approves the principle of the state school tax and 
recommends that it be made part of the program for the 
future development of the school system of the state. 

Another recommendation which has received wide 
spread approval among educators not only in Nebraska but 
in other states, in many of which it has been put in practice- 
is the establishment of the county, in place of the local 
district, as th unit of taxation and administration. There 
is no doubt that a county tax, and the organization of the 
schools in such a way that the larger portion of the adminis 


33 


trative control should be with the county unit, rather than 
the district, would improve the efficiency of the school system 
of Nebraska and tend to equalize the burdens of support. 
The commission has not felt, however, that this could be 
recommended for immediate adoption as a legislative- measure. 
This proposal should be considered as a part of the future 
educational program in the development of the state. 

In dealing with the problem of compulsory education, 
the commission has had in mind particularly the problem of 
the rural schools. The present laws make school attendance 
compulsory upon all children in city schools, except where 
work permits are granted, up to the age of sixteen years. 
This law does not apply to rural schools. Acting upon the 
theory that all children of the state are equally entitled to 
educational opportunities, the commission has provided in 
its educational proposals that the compulsory education bills 
should apply uniformly throughout the state. 

Exception is also made in the present school laws for 
children between fourteen and sixteen years of age, who 
find it necessary to be employed in order to support them¬ 
selves and their parents. Here again the commission has 
held to the belief that children of poor parents are equally 
entitled to the advantages of schooling with those who are 
better off financially and has recommended proposals doing 
away with work permits and requiring school attendance 
uniformly up to sixteen years of age, and providing aid 
in the form of scholarships payable out of school funds for 
children in need of such aid. 

Bills Recommended. 

The commission has recommended five important bills: 

(1) An amendment to the compulsory education law 
(Bill 17, page 123). 

This requires all children seven to sixteen years of age 
to attend school regularly while the public schools of their 
district are in session, unless they have graduated from the 
public school of their district or a school of equal grade. 
Children sixteen to eighteen years of age, who have not 
graduated as above stated, must attend unless regularly 


34 


employed at home or elsewhere, and if so employed, must 
attend a continuation school eight hours a week if such 
school is maintained in their district. Exceptions are made 
for children living over three miles from a school, and for 
children mentally or physically incapacitated. Children 
fourteen to sixteen, whose earnings are needed at home may 
be granted scholarships not to exceed $20 per month. 

An important feature of this law is the provision for 
administration and enforcement. The bill prescribes that 
every city school district of 5,000 population or over shall 
appoint attendance officers. In every county there shall be 
a county attendance officer to enforce the law outside of city 
school districts. There is a provision that wherever there 
are county superintendents of child welfare they may act as 
county attendance officers, (Bill 53, page 230. 

For the state administration and supervision of this act, 
the bill provides that the state superintendent of public 
instruction shall enforce the law in all the counties of the 
state and may appoint such assistants in his office as are 
necessary for the purpose. The commission here recommends 
that sufficient appropriation be made in the budget for the 
state superintendent's office to provide for the enforcement 
of this provision. 

(2) An amendment to the continuation school law, (Bill 

18, page 134) to make it correspond with the compulsory 
education law. 

(3) An amendment to the law fixing the length of 
school term, and providing state aid for weak districts, (Bill 

19, page 136). The bill requires that all districts having 
ten or more children of compulsory school age shall maintain 
school at least nine months, and that districts having less 
than ten children shall maintain school at least six months 
in the year, with the exception that in districts having less 
than five children the school funds may be used to pay the 
expenses of such children while attending school in other 
districts. For the support of the schools as herein required 
the districts may levy a tax of not to exceed forty mills. The 
bill further fixes the amount which shall be considered 
necessary to maintain school as follows: in districts having 


35 


ten or more pupils, $1,000; in districts having five and less 
than ten pupils, $700; and in districts having less than five 
pupils, $120 for each. In all districts where a tax of forty 
mills on the assessed valuation of the property in the dis¬ 
trict produces less than the amount necessary, the state 
shall appropriate the sum required to make up the deficit. To 
carry out the purposes of this bill the commission recom¬ 
mends an appropriation of $200,000 for the biennium, basing 
its computation of the required amount on an estimate of 
the assessed valuation for 1920. 

(4) An amendment to the statute limiting the amount 
of school tax that may be levied in the smaller districts. The 
bill recommended provides that this maximum be raised from 
35 mills to 40 mills on the assessed valuation (Bill 20 page 
141). 

(5) A new school health law (Bill 21, page .) to take 

the place of the present law for the physical examination 
of school children. At present the teachers are required to 
make an examination for certain physical defects. School 
health work is much brpader than the discovery and treat¬ 
ment of physical defects. It includes the inculcation of 
health habits, instruction in hygiene, sanitation and ph} T - 
sical education. The bill recommended provides that each 
district, by itself or in conjunction with other districts, 
shall provide for the examination of every child by a reg¬ 
istered nurse or a licensed physician. It also provides for 
instruction in matters affecting health. State supervision is 
afforded by the creation of the office of state school health 
director in the department of public instruction. The' di¬ 
rector shall be a licensed physician with at least two years 
experience in school health work. Much discussion has 
arisen as to the proper place in which the state supervision 
of this work should be established. Good arguments have 
been presented for locating it in the state bureau of health 
and in the state child welfare bureau, as well as in the 
state department of public instruction. The commission 
after hearing from all sides and conferring with both phy¬ 
sicians and educators decided to recommend that this func¬ 
tion be placed in the state department of public instruction 
for the following reasons: 


36 



(1) School health work being primarily a matter of 
instruction and the inculcation of health habits among 
children its supervision, from the top down, should be placed 
in the hands of .educators. 

(2) For local administration there is very little ma¬ 
chinery developed in public health work, while in the 
schools the district boards, the city and county superin¬ 
tendents, with school physicians and nurses in many districts 
constitute a working organization and this can be much 
better supervised in its health activities by the same state 
authority which has general supervision over it than by any 
other department. 

(3) The experience of many progressive states con¬ 
firms this, nineteen of the states having placed the state super¬ 
vision of school health work in the department of public 
instruction. 

(4) Transferring this function to the department of 
public instruction will cause no duplication of machinery 
as the present law makes no appropriation and provides no 
special machinery for state supervision. 

For the purpose of securing the proper administration 
of this law, the commission recommends the appropriation 
of $10,000 for the biennium, to be included in the budget 
for the state department of public instruction. 

(b) Women and Children in Industry. 

(i) Women in Industry. 

The employment of women in industry is a subject for 
child welfare legislation for two reasons: First, a large per¬ 
centage of females employed are minors and therefore a 

subject of. concern for those who are legislating for all 

children under twenty-one years of age; Second, the con¬ 
ditions of employment for women during the child-bearing 
period have a great influence on the health and well-being 
of children born to them. 

The commission therefore recommends the following 
legislation: 

(1) A law limiting the hours of labor for women in 

industry to 9 hours per day, 54 hours per week, and pro¬ 

hibiting employment after 10 o’clock p. -m., (Bill 22, page 

. ). 


37 



(2) A bill prohibiting the employment of women im¬ 
mediately before and after childbirth (Bill 23, page 147). 

(3) A bill to provide for a minimum wage commission 
to regulate the wages of women and children (Bill 24, page 
148 and Bill 25, page 148). 

(ii) Children in Industry„ 

(Bill 26, page 158, and bill 27, page 167.) 

In 1907, a wise and far-sighted legislature enacted a 
child labor law which is, substantially, the present statute. 
It thereby recognized the duty of the state to protect its 
children against exploitation in industry and to prevent 
the problems arising from the development of manufacturing 
within its borders. Sceptics scoffed at the idea of a non¬ 
industrial, rural state enacting a child labor statute; and yet, 
when the government began prosecutions for violation' of 
the federal child labor law in 1917, a Nebraska village with 
a small factory earned the doubtful honor of being the first 
locality to fall victim to the government’s vigilance. Like 
older states, our manufacturing establishments are increas¬ 
ing, our population is trending strongly toward the larger 
centers, and we are more and more approximating condi 
tions in older communities. Already the beet-field problem 
has grown to such an extent that it challenges regulation. 
Immigrant children of eight years and over, by the hundreds, 
are worked long hours during the busy seasons, are deprived 
of three or four months of schooling during the year, and 
are subjected to housing conditions that would shame an 
industrial center. Such facts, apparent to the most superfi¬ 
cial observer, forbid consideration of any weakening of the 
law, and urge, at the very least, a better enforcement of the 
present statute. 

It ought not to be necessary to state that the purpose of 
a child labor law is not to prevent children from working, 
and yet the mistaken claim is sometimes made that it does 
prevent children “from working even in their own homes.” 
The strongest advocates of child labor legislation recognize 
the place that work occupies in the education and develop¬ 
ment of character of the individual; but they insist that, 


38 


to fulfill its purpose in the life of the young child, work must 
be as carefully supervised as study and as closely guarded 
from evil as play. The haphazard training which commer¬ 
cialized employment affords the child will never produce 
right work habits; these must be formed earlier in the 
home and may be further developed in organized industry 
only through a regularly supervised system of apprentice¬ 
ship. 

The history of child protection shows a gradual extension 
of the period of childhood by requiring, through the years, 
a higher age for compulsory education, and a corresponding 
increase in the age at which chihjren enter gainful employ¬ 
ment. The latest expression of this tendency is shown by 
the International Conference on Child Welfare held in Wash¬ 
ington in June 1919, under the auspices of the Federal 
Children’s Bureau. This conference agreed upon what is 
known as Minimum Standards of Child Welfare, which 
so far as they relate to child labor are as follows: 

“An age minimum of sixteen for employment in any oc¬ 
cupation, except that children between fourteen and sixteen 
may be employed in agricultural and domestic service during 
vacation periods until schools are continuous throughout the 
year. 

“An age minimum of eighteen for employment in and 
about mines and quarries. 

“An age minimum of 21 for girls employed as mes¬ 
sengers for telegraph and messenger companies. 

“Prohibition of the employment of minors in dangerous, 
unhealthy or hazardous occupations or at any work which 
will retard their proper physical and moral development.” 

The Nebraska commission has not attempted to attain 
the ideals set up by this body of experts, but has been 
content to bring the child labor bill up to the requirements 
laid down in the compulsory education bill, placing its main 
emphasis upon the administration and enforcement of the 
law. 

The best child labor law is a good compulsory education 
law and, in part, is merely a negative statement of the 
section relating to school attendance. With the exception 


39 


of pupils who have finished the school maintained in their 
district, the compulsory education bill (Bill 17, page 123) 
requires children to attend school until sixteen years of age; 
the child labor bill prohibits children under sixteen from 
being employed at any occupation during the hours that 
school is in session. 

. At present, exception is made for children between 
fourteen and sixteen Avho, on account of poverty, are obliged 
to leave school; and work permits are granted to them. The 
compulsory education bill provides that to such a child the 
school board may grant a scholarship not to exceed $20 a 
month; and the child labor bill eliminates work permits for 
this group. 

The second function of child labor legislation is to pro¬ 
tect children from the hazards to health and morals which 
are inherent in certain occupations and, to accomplish this, 
the law enumerates a list of prohibited occupations for 
children of various ages. The proposed bill raises the age 
from fourteen to sixteen for employment in such places as 
theaters, hotels, passenger elevators and delivery service 
Children between fourteen and sixteen are allowed to work 
in stores, offices and factories, upon securing a permit from 
the school authorities; but under fourteen such employment 
is prohibited. Children under twelve may not be employed 
in the beet-fields, and under fourteen they are not permitted 
to work more than six hours a day. 

The question is sometimes raised by the friends of child 
labor whether it is not possible to allow greater freedom in 
the administration of the law, so that individual establish¬ 
ments in the prohibited list might be excepted. There are, 
admittedly, difficulties involved in the classification of in¬ 
dustries into harmful and harmless occupations; but it is 
the same difficulty which faces every attempt at legislation. 
No occupation is universally bad and none is universally 
good; but all that the law can do is to generalize. If the 
administration of the statute is left flexible, it means either a 
great increase in the amount of machinery necessary to en. 
force the law, or an utter ignoring of the statute. The 
very officials who desire to make exceptions in favor of an 


40 


admittedly harmless place of business refuse positively to 
assume responsibility for deciding against an admittedly 
harmful establishment. The only possible course here seems 
to be that followed in other legislation—to make the law 
specific and to enforce it alike everywhere. 

The administration of the law needs to be greatly- 
strengthened. With the approval of the department of labor, 
the commission recommends that the administration of the 
law be transferred to the child welfare bureau where it 
seems wise and economical to concentrate as many of the 
state’s activities for children as possible. Only one full-time 
inspector and one for part-time are asked for the work in 
the entire state, but it is believed that with the co-operation 
of the school authorities who enforce the law locally, this 
meagre staff will greatly improve the administration and 
enforcement of the law (Bill 26, page 158). 

In connection with the child labor bill, the commission 
has recommended a bill prohibiting the employment of 
children under twelve years of age in street trades and 
regulating the employment of children from twelve to sixteen 
years of age therein. In the preparation of this bill the com¬ 
mission has been in conference with the representatives of 
all the larger newspapers in the state, the sale of whose 
dailies in the cities of the state, furnishes the principal oc¬ 
cupation of the newsboys, who are chiefly affected by the 
bill. In these conferences there has been a practical un¬ 
animity of opinion that the occupation of the newsboy 
should not be allowed to interfere with his regular attendance 
in school and that the occupation should be restricted to boys 
at least twelve years of age and that certain restrictions are 
desirable for the protection of boys from twelve to six¬ 
teen years of age (Bill 27, page 167). 

III. HEALTH AND RECREATION. 

The committee on health and recreation, like the com¬ 
mittee on. education and child labor, has had to deal with 
two distinct subjects and has “carried on” as two inde¬ 
pendent sub-committees, one studying public health and the 
other certain problems of public and commercialized recrea¬ 
tion. 


41 


(a) Health Measures. 

Public health work is an important phase of child wel¬ 
fare. Since the beginning of the war, the struggle to con¬ 
serve child life through the promotion of health, the eradica¬ 
tion of physical defect, and the extension of public educa¬ 
tion along these lines has become nation-wide. More than 
twenty states have established child hygiene departments. 
The Children’s Bureau of the Federal Department of Labor 
is actively furthering this cause; and there is now pending 
in congress legislation to promote child hygiene and prenatal 
care. The movement has taken definite form in the Sheppard- 
Towner bill which was passed by the senate December 18th. 
As amended, this bill provides for the distribution of $1,500,- 
000 for the promotion of nursing and medical care for wo¬ 
men at child-birth. In Nebraska in 1919, there were reported 
to the state bureau of health 26,640 births, and 1,692 deaths 
of children under one year of age. The Federal Children’s 
Bureau estimates that there are annually 300,000 deaths of 
children under one year of age, and that of these 150,000 
are from preventable causes. 

The state bureau of health has plans for the creation of 
new divisions in the bureau which will provide instruction 
and care for children of pre-school age and for women at 
the time of child-birth. 

The commission recommends that such appropriations be 
made for this purpose as will make it possible to do effective 
work throughout the state and especially to improve the pro¬ 
visions for proper nursing and medical care for women and 
children in the more sparsely populated sections. These ap¬ 
propriations should be made to conform with the requirements 
of the Sheppard-Towner bill so that the Federal appropria¬ 
tion may be available in Nebraska if that bill becomes a law. 

The following legislation is recommended by the commis¬ 
sion : , 

(1) A bill for the state regulation and licensing of 
maternity homes (Bill 28, page 169). 

(2) A bill for the state regulation and licensing of 
boarding homes for children under five years of age (Bill 29^ 

page 175). 


42 


(3) A bill to license and regulate the practice of mid¬ 
wifery (Bill 30, page 179). 

There is very great necessity for strict regulation of ma¬ 
ternity homes. Private commercialized institutions of this, 
kind frequently prey upon the ignorance and weakness par¬ 
ticularly of unmarried mothers. Women received into these 
homes are often charged not only for their care in the in¬ 
stitution during confinement but for placing their children. 
There is no justification for the latter charge, as the state, 
through the home for dependent children, provides for the 
placing in family homes of all such children who are sur¬ 
rendered by their parents. A similar service is rendered by 
a number of reputable child-placing organizations. Private 
maternity homes, however, are able to exploit mothers of 
unfiliated children through the promise of secrecy and in this 
way children may be placed out covertly by irresponsible 
persons, and many cases have been found where such children 
were given away to families with pauper or criminal records. 

The licensing of midwives has been opposed by some 
members of the medical profession as being a step backward 
and lowering the standards of care required for women and 
children at a time when the best of care is needed. This 
measure is recommended, however, for the reason that in 
spite of all prohibitions it has been acknowledged to be im¬ 
possible to do away with the midwife. Particularly would 
this be true in the larger cities where a considerable per¬ 
centage of the number of births, especially in immigrant 
families, are attended by midwives, and where midwives are 
recognized by the local health department and are allowed to 
report births to the state bureau of health. The purpose of 
this proposal is not to promote the practice of midwifery, but 
to raise the standards gradually and by requiring higher and 
higher educational qualifications to reduce the number practic¬ 
ing and to improve the quality of service. 

(b) Recreation. 

The commission recommends the following legislation 
affecting commercialized recreation. 


43 


(1) A minor bill amending the statute relating to 
billiard halls, making the same apply to pool halls (Bill 31, 
page 181). 

(2) An important measure providing for a state board 
of inspection of motion pictures (Bill 32, page 182). 

Public recreation and commercialized amusements bear 
directly upon child welfare. Recreation claims, perhaps, one- 
third of the waking hours of the average child. Its influence 
upon the development of mental and moral traits is probably 
greater than that of the schools. There is very little legisla¬ 
tion and very little organized effort to promote what is called 
public recreation for children. A few of our cities, however, 
have made considerable progress in the development of parks, 
play grounds and social centers. The commission believes 
that very much more consideration should be given to the pro¬ 
motion of wholesome public recreation. It is not prepared 
to recommend any special legislation along this line but calls 
attention to the bill drawn by the committee on administra¬ 
tion (Bill 53, page 230), in which there is a provision that 
county boards of welfare and county superintendents of wel¬ 
fare shall promote wholesome recreation. It is believed that 
when the importance of this bill for county boards of welfare 
is understood, every county will have a trained social worker 
who will be qualified to organize and promote measures for 
public recreation. 

Since recreation has become so largely commercialized, 
society is as deeply interested in maintaining proper stand¬ 
ards in that field as in sustaining good schools. The bill for 
county boards of welfare also contains a provision for the 
licensing and regulating of all forms of commercialized amuse¬ 
ments outside of incorporated cities and towns. This will 
permit the regulation, control or suppression of pool halls, 
public dances, traveling shows, motion picture shows and the¬ 
atres. Among these, travelling shows—particularly the street 
carnivals which visit many of the towns of the state—are 
especially in need of state regulation. Experience shows that 
these forms of entertainment are often most harmful; that 
they spread vice, immorality and social diseases in rural com¬ 
munities; and that local authorities are helpless to deal with 


44 


them. -By placing the licensing of such forms of entertain¬ 
ment in a county office and under the general supervision of 
the state child welfare bureau, it is hoped that the worst 
features may be eliminated. 

No plan for child life in Nebraska would be complete 
which did not take notice of the motion picture theatre (Bill 
32, page 182). Reports on file with the commission from 
city school superintendents in all parts of the state indicate 
that from seventy-five to one-hundred per cent of the school 
children attend moving picture theatres from one to five times 
per week. The same reports state that from fifty to seventy- 
five per cent of the films shown are objectionable—many of 
them extremely objectionable. There has also come to the 
commission the appeal of many statewide organizations in¬ 
cluding Nebraska State Teacher’s Association, Nebraska Wo¬ 
man’s Educational Club, Nebraska Branch National Council 
Catholic Women, Nebraska League of Women Voters, Ne¬ 
braska Federation of Women’s Clubs, D. A. R., P. E. O., W. 
C. T. U., Nebraska Hygiene and Public Welfare Campaign, 
Nebraska Home Economics Association, Mothers-Teachers 
Clubs, Social Welfare Society, Lincoln Council of Churches, 
Y. M. C. A., Y. W. C. A., Lincoln Collegiate Alumnae Asso¬ 
ciation, Social Service Club, Temple Bnai Jeshurun, in al] 
representing over 500,000 people. 

It is now generally recognized that the moving picture 
is one of the most powerful influences in our national life— 
more potent even than the printed page. Persons unable to 
read English can understand pictures. Good pictures are one 
of the most effective means of making good men and women. 
Bad pictures are today the most corrupting influence in our 
society. In many states strong demand has arisen for good 
wholesome moving picture entertainment and the suppression 
of vicious, immoral, crime inciting presentations. 

Four states—Ohio, Pennsylvania, Kansas, Maryland— 
have legalized regulation of film pictures. Remarkable pro¬ 
gress has been made. Theatre managers who wish to show 
a good class of films are supporting the movement. Censor¬ 
ship in these states has been more than self-supporting from 
the start. Nebraska has the right to protect her children from 


45 


the debasing films that are being driven from other states and 
secure for them clean, wholesome entertainment. This security 
will not cost the taxpayers a cent. 

IV. GENERAL CHILD WELFARE. 

The commission has recommended nineteen bills on gen¬ 
eral child welfare, grouped under the following heads: 

(a) Marriage and divorce, (b) General laws for the 
protection of children, (c) Sex crimes, (d) Children born out 
of wedlock, (e) Guardianship and adoption. 

(a) Marriages and Divorce. 

One important bill revising the present marriage law 
(Bill 33, page 189) is recommended, and a minor amendment 
to the divorce law is proposed (Bill 34, page 195). 

In the present marriage laws of the state there are prac¬ 
tically no restrictions except such as have been found in the 
laws of all the states for many years. In recent years, with 
the increased knowledge of the effects of heredity upon mental 
and physical health and the new attitude toward social dis¬ 
eases, there has been a widespread movement in many of the 
states to prohibit the marriage of mentally and physical^ 
defective persons and of those affected w r ith venereal diseases. 

The number of divorces granted is rapidly increasing in 
Nebraska as in other parts of the country. In this state in 
1919, there were 14,074 marriages and 3,359 divorces or a 
ratio of one divorce to four marriages. In Douglas county 
there were 2,743 marriages to 1,636 divorces, or more than 
half as many divorces as marriages. The divorce evil cannot 
be corrected to any great extent by changing the divorce laws. 
A study of the subject indicates that there is very little room 
for improvement in our divorce laws. On the other hand, 
it is found that a very large number of divorces are due to 
hasty and ill considered marriages,—the marriage of persons 
on too short acquaintance, of persons who are not adapted 
to each other, and of persons who are not fit to marry. The 
bill recommended contains restrictions raising the age at 
which persons may marry, requiring ten days interval be¬ 
tween the application for, and the granting of a marriage 


46 


license, prohibiting the marriage of feeble-minded, and re¬ 
quiring for each applicant, a physician's certificate of freedom 
from venereal disease as a prerequisite to a marriage license. 
This bill has been the subject of discussion at a number of 
public conferences and received general approval. It is pat¬ 
terned largely after the legislation of a number of other 
states. It has been suggested by some that these restrictions 
in the marriage law will be evaded by migration to another 
state for the purpose of having the marriage performed. It 
appears, however, that these restrictions, or others possibly 
more severe, are being considered in many of the states, 
among others Iowa and Kansas, and that if Nebraska does 
not enact such legislation, it will be in the position of hinder¬ 
ing progress along this line and interfering with the whole¬ 
some enforcement of such laws in neighboring states. 

(b) General Laws for the Protection of Children. 

Under this head there are recommendations for minor 
amendments to the following laws: 

(1) A bill to increase the penalty for kidnapping (Bill 
35, page 195). 

(2) To amend the law in regard to abandonment of 
children (Bill 36, page 196). 

(3) A bill to strengthen the law in regard to abandon¬ 
ment and non support of family (Bill 37, page 197). 

(4) An amendment to the law prohibiting advertising 
cures for venereal disease (Bill 38, page 199). 

(5) A bill to amend the law regulating the sale of 
poisons (Bill 39, page 200). 

(c) Sex Crimes. 

Five important laws are recommended under this head. 
The commission calls attention to the fact that under the 
present law, forcible rape or the rape of a girl of tender 
years may receive a minimum penalty of only three years 
imprisonment, also to the fact that the crime of incest, even 
the violation of a daughter by her father, may be punished 
at present by any minimum term of imprisonment which the 
court sees fit to impose, as the statute fixes no minimum pen¬ 
alty. There are men now in the penitentiary serving a 


47 


sentence of but five years for rape upon a daughter under 
fifteen years of age. It may properly be noted that this is a 
fixed not an indeterminate sentence. 

The following recommendations are made: 

(1) An amendment of the law on rape (Bill 40, page 

201) , increasing the penalties—providing for life imprison¬ 
ment for forcible rape or for rape of a girl under fourteen 
years of age. 

(2) An amendment to the law on incest (Bill 41, page 

202) , providing for life imprisonment for rape of a daughter 
by her father and fixing a minimum penalty of five years for 
all cases of incest. 

(3) An amendment strengthening the law on pander¬ 
ing (Bill 42, page 203). 

(4) A new law on public morale (Bill 43, page 205). 
One of the principal purposes of this law is to apply to the 
subdivisions of a state the same restrictions which the crossing 
of the state line imposes in the Federal White Slave Law, 
making it a felony to transport a female for inmoral purposes 
from one political subdivision to another, in the state. 

The bill also makes it a felony for a husband to encourage 
or permit his wife to lead a life of prostitution; or for any 
person to levy tribute upon the earinings of a prostitute, or 
to detain a female in a house of prostitution because of any 
debts she has contracted; or for any person to debauch or 
deprave the morals of a boy under 21 years of age. 

(5) A new law providing for the castration, in certain 
cases, of persons imprisoned for rape or assault to commit 
rape (Bill 44, page 208). 

In regard to these laws affecting sex crimes, attention is 
again called to the importance of enforcing the laws for the 
protection of young girls. There is no doubt that sex crimes 
are very common. On the other hand prosecutions for such 
offenses are comparatively rare, for the reason that parents 
wish to shield their own children from publicity and refuse 
to prosecute. An illustration of this is contained in a report 
made by the county attorney of Lancaster county covering 
the year 1919. This report showed that there were 483 
criminal prosecutions begun in that year. Of ail these prose- 


48 


cutions there were only nine which could possibly be classified 
under the head of sex crimes. 

The commission believes that its recommendation au¬ 
thorizing the judge to exclude the general public from hear¬ 
ings in the juvenile court will make possible the successful 
prosecution of a larger number of such cases. Then too, the 
creation of the office of county superintendent of child wel¬ 
fare, one of whose duties will be to represent the interests of 
children in all such cases, will tend to secure more prosecu¬ 
tions. 


(d) Children Born Out. of Wedlock. 

The commission recommends four important measures 
under this head: 

(1) A new law repealing the ancient sections of the 
present statutes relating to bastardy (Bill 45, page 210), This 
law is the outcome of careful study by the commission of the 
recent movement throughout the country for the revision of 
the laws on this subject. During the past year conferences 
were held in Washington, New York and Chicago under the 
auspices of the Federal Children’s Bureau, at which experts 
in law and administration were present from many states to 
discuss this legislation. The laws of most states on this sub¬ 
ject have been changed but very little in the past fifty to 
one-hundred years, until the recent movement began. An 
important book has been published by the Federal Children’s 
Bureau during the past year on “Illegitimacy Laws of the 
United States” in which Ernst Freund of the University of 
Chicago Law School, analyses the laws of the states and dis¬ 
cusses the need of revision. During the past few years, pro¬ 
gressive legislation has been adopted in Minnesota, North 
Dakota and several other states. The bill recommended, em¬ 
bodies what is considered the best in these recent laws and 
the results of the deliberations of the conferences of experts. 
The general purpose of the law is, as far as possible, to remove 
the stigma from the child born out of wedlock. One means 
to this end is the elimination of the words “bastard” and 
“illegitimate” from the statutes and the substitution of the 
terms “unfiliated child”, “filiated child” and “filiation pro¬ 
ceedings”. Under the proposed law the process of establish- 


49 


ing the parenthood of the child is denominated “filiation 
proceedings’' and the purpose of these proceedings is to place 
upon the actual father of such a child all the responsibilities 
for the support and education of the child, that he would 
have if the child were born in lawful wedlock. 

(2) An amendment to the law regulating the inheritance 
of children born out of wedlock (Bill 46, page 216). 

(3) A law making it a felony to desert a wife after mar¬ 
riage to escape prosecution (Bill 47, page 218). 

(4) A new law by which the state in the fulfillment of 
its obligation to care for the welfare of the child may se¬ 
cure the commitment, in certain cases, of an unmarried mother 
to the state industrial home at Milford (Bill 48, page 218). 
This bill should be considered in connection with Bill 10. 

(e v ) Guardianship and Adoption. 

The commission recommends the following: 

(1) An amendment to the present law, raising the age of 
majority for girls to twenty-one years (Bill 49, page 221). 

(2) An amendment to the law on adoption, providing 
that the state child welfare bureau shall investigate all homes 
before children are allowed to be adopted into .them (Bill 50, 
page 222). 

(3) An amendment to the law on guardianship to pro¬ 
vide that where either parent deserts or abandons a child, 
the other shall have the guardianship and be entitled to the 
custody and earnings of the child (Bill 51, page 225). 

Y. ADMINISTRATION AND LAW ENFORCEMENT. 

Good legislation inadequately enforced is less effective 
than inadequate laws well enforced. Yet, through pressure 
of economy, legislatures constantly pass good laws without 
providing either machinery or funds for their administration. 

The commission, early in its study of Nebraska laws 
relating to children, became convinced that the great need 
was not so much new legislation (it proposes few entirely 
new bills), but rather the bringing of existing laws up to 
meet present-day standards and demands, and, above all, the 


50 


strengthening of their administration and enforcement. There¬ 
fore the commission regards the two bills in this section as 
the most comprehensive of any proposed; and believes that 
their passage alone would greatly advance the whole program 
of child welfare within the state, for it would throw additional 
safeguards about children and would more generally secure 
to them the educational and other benefits provided by the 
state. 

The commission has been concerned less with the form 
of administrative machinery than with the principles under¬ 
lying the conduct of welfare work by the state. These prin¬ 
ciples are definite and fixed; the application of them must 
vary to suit local conditions. With this fact in mind, the 
commission early adopted the following statement of funda¬ 
mental principles to which it has persistently held. 

1. Tenure of office of directing officials should be made 
permanent. 

(1) Successful work is impossible if the chief officials 
are removed with a change of administration every 
two years because: (a) Welfare programs can only 
be worked out slowly and they will suffer more 
than routine matters of state administration from 
frequent changes; (b) Personal acquaintance and 
cordial relationships are necessary factors in wel¬ 
fare work and frequent change of officials will 
limit the influence of these factors. 

(2) Competent persons will be difficult to secure unless 
they can be assured terms of sufficient length to 
accomplish definite and worthy results. 

2. Administrators of welfare laws should be trained 
social workers. 

Social work is a profession; it has its technique as 
do law, medicine and teaching. The state can and 
should have the services of such trained officials 
in welfare work as well as experts in the attorney 
general’s office or in the health or education depart¬ 
ments. The merit system must be applied in fact, 
if not in name, to these officials. 


51 


3. Policies and program of welfare work should be 
based upon the deliberations of a group of persons informed 
and experienced in welfare work. 

The value of and necessity for such advisory boards 
are recognized generally, and they are provided for 
in other states having or contemplating the civil 
administrative code. 

In the application of these principles, the commission 
proposes two bills: one for a central agency in which the 
child welfare work of the state shall be centralized, and an¬ 
other for a local agency using the county as the unit of ad¬ 
ministration. ' 


(1) State Child Welfare Bureau. 

(Bill 52, page 226.) 

It was not necessary to create a new agency for state 
administration, since the legislature of 1919 established a 
child welfare bureau. The commission has simply made the 
existing bureau a clearing house for the administration of 
child welfare and has fitted it into the existing ma¬ 
chinery of the state. The original law placed the bureau in 
the department of public instruction, and the commission does 
not consider this arrangement illogical. Several other states 
have their bureaus so placed; it puts the emphasis upon the 
educational and preventive phases of child welfare work; and 
it finds a local agency, the school, already organized in every 
locality, through which it might function. However, the Ne¬ 
braska bureau has never actually been administered in this 
agency and the commission is not disturbing existing ma¬ 
chinery by not locating it in the department of public in¬ 
struction. 

The form of administrative machinery favored by many 
social workers is a rotating board at the head of the agency, 
outlining the policies of the work and administering them 
through a trained executive selected for an indefinite term of 
service. Recent surveys of child welfare in Alabama, North 
Carolina, Oklahoma, and Kentucky recommended this form of 
machinery; and the State Department of Child Welfare in 
Alabama and the State Department of Public Welfare in 


52 


North Carolina, established as the result of these surveys, are 
outstanding examples of successful state administration of 
welfare work. The commission did not recommend such a 
plan for Nebraska, however, (1) because, to fit the scheme 
into our civil administrative code, the commission would have 
been obliged to go outside our field and recommend a board 
of public welfare at the head of that department with a bureau 
of child welfare under it, and (2) because there are probably 
constitutional difficulties in the way of applying this plan in 
Nebraska. 

The board of control offers the most convenient agency in 
Nebraska through which to apply the principles laid down by 
the commission, and at one time it was decided to recommend 
a bill placing the child welfare bureau in this executive de¬ 
partment. The commission was influenced in this decision by 
the following facts: 

(1) Boards of control are the result of a struggle in 
the various states, lasting a quarter of a century, to rescue 
state charitable and reformatory institutions from the uncer¬ 
tainties and inefficiencies of political changes ; and they 
represent, today, perhaps more than any other department of 
government, the ideals of state administration of welfare 
work. 

(2) They are the agency most closely concerned with 
the great class of handicapped children which has occupied 
so largely the attention of the commission. While the loca¬ 
tion of the bureau here would place the emphasis in child wel¬ 
fare upon the care and cure of the unfortunate, rather than 
upon the prevention of their problems and education for 
normal life, the one feature of the program is as essential as 
the other. 

(3) The Minnesota child welfare bureau, placed under 
the board of control on recommendation of their child welfare 
commission, has set a precedent for effective work which it 
is believed might be duplicated in Nebraska. 

However, the plan finally agreed upon (Bill 52, page 226) 
was to leave the child welfare bureau in the department of 
public welfare and to apply the principles of administration 
of welfare work as follows: 


53 


(1) Tenure of office: 

Director to be appointed for six years instead 
of two, as at present; removable only for causes 
specified. 

(2) Trained service 

The bill enumerates the qualifications of the 
director, and makes it a duty of the child wel¬ 
fare council to canvass the field and nominate 
at least two properly qualified persons, one of 
of whom shall be appointed by the head of the 
department as the constitution requires. 

The commission thus applies in fact, if not in name, the 
principle of civil service; and expresses its approval of an 
adequate civil service bill, should one be introduced. 

(3) Non-executive body of experienced social workers 
to advise with and assist the bureau in developing 
policies and program. 

Child Welfare Council—Seven members: 

Five appointed by governor for six year over¬ 
lapping terms; not more than two women, nor 
more than two members from any one congres¬ 
sional district. Superintendent of public in¬ 
struction and one member of board of control, 
ex officio. 

In addition to nominating persons for director of 
the bureau, this council nominates, in a' similar 
manner, members of the bureau of inspectors of 

motion pictures (Bill 32, page .). One of the 

important functions of this council would be to 
educate the public as to the needs of child welfare 
and to create a demand for the adequate support 
of the bureau. 

The commission has sought to make the bureau a clear¬ 
ing house for all child welfare matters not now sufficiently 
provided for in other state departments, believing that less 
duplication and more effective co-ordination of work could 
thus be accomplished. Duties assigned to the department of 
public welfare by the civil administrative code and now de¬ 
finitely placed upon the bureau are the investigating and 


54 



licensing of all child-placing organizations (Bill 8) of ma¬ 
ternity homes (Bill 28) and of boarding homes for children 
under five years (Bill 29). Since 1901, the law has required 
supervision of these agencies, but has never made adequate 
provision for its administration. The bureau will supplement 
the work of the board of control by doing the “follow-up” 
work connected with the state’s wards after they leave the 
institutions; such as child-placing for the state home for de¬ 
pendent children (Bill 4) and for the state industrial home at 
Milford (Bill 5); and supervision of paroled children from 
the industrial schools (Bills 9 and 10) and to some extent from 
the institution for feeble-minded. The bureau is required to 
co-operate with and aid juvenile courts and probation officers 
(Bills 7 and 12) to make investigations in case of adoptions 
(Bill 50) to enforce the child labor law (Bill 22); and to co¬ 
operate with the county boards of child welfare in securing 
local administration (Bill 53). 

The commission recommends the addition of four trained 
visitors for the work of child-placing and parole; one full time 
and one part time inspector for child labor enforcement, and 
three office assistants; and that an appropriation of $53,160 
be made for the biennium. 

(2) County Boards of Child Welfare. 

(Bill 53, page 230.) 

The application of the principles laid down by the com¬ 
mission was much less difficult with respect to local enforce¬ 
ment than to state administration. The county was considered 
the logical unit because it accords with the local administra¬ 
tion of health, agriculture, education and public relief, and 
because private social agencies, such as the Red Cross, employ 
the county unit. 

The movement for public boards for the administration 
of welfare work in local communities first took definite form 
in the creation of the board of public welfare in Kansas City, 
Missouri, in 1911. The success of the board in a rapidly grow¬ 
ing and progressive city led to rapid growth of sentiment, 
particularly in Missouri and Kansas, in favor of city boards 
of public welfare and many cities throughout the country now 


55 


have such boards. In Nebraska, Omaha has a public welfare 
board with a staff of salaried officials; while York and several 
other towns have boards of welfare without paid workers. 

County boards of welfare were recommended by the 
Missouri children’s code commission in 1917. The following 
year North Carolina established boards of public welfare in 
each county, and Minnesota created county boards of child 
welfare in each county through a law enacted on the recom¬ 
mendation of the child welfare commission. Movements are 
on foot now for the enactment of similar legislation in Kansas 
and Iowa: In Indiana the same purposes have been served 
in part, for more than twenty years, by the county boards of 
children’s guardians. 

In Nebraska, the war brought out the need of social 
welfare organization in all the counties of the state. The 
Red Cross in its -vyork for soldiers’ families, and in its peace 
time program which is being realized in some of the counties 
of the state is educating the people to the possibilities of such 
work. 

At the last meeting of the state conference of social work, 
and in all the conferences and the correspondence of the 
children’s code commission, the need most emphasized by 
social workers, teachers and others in touch with child wel¬ 
fare conditions in all parts of the state, has been that of 
trained social workers in every county such as the develop¬ 
ment of county boards of welfare would eventually provide. 

The bill recommended creates a board of child welfare 
in every county, to be made up of the county superintendent 
of schools, one member of the board of county commissioners 
or supervisors and three persons appointed by the judge of 
the juvenile court for three year overlapping terms, selected 
for their knowledge, experience and interest in children, and 
serving without compensation. 

Whether the county shall employ a paid agent, known as 
the county superintendent of child welfare or not, is left to be 
determined by the county board of child welfare and the 
county commissioners. This permits elasticity in the applica¬ 
tion of the law and provides for the extension of its operations 
only so fast as the community feels its need and trained 


56 


workers can be secured. It is presumed that in some of the 
larger counties, several trained workers will be provided in 
the near future and that in many counties a superintendent 
of child welfare will be appointed. In any case the county 
board of child welfare, with or without a paid superintendent, 
will provide a central agency in every county through which 
all matters of child welfare interest may be administered. 
It will combine the work of juvenile probation officers, in¬ 
vestigators for mothers’ pensions, and investigators on behalf 
of the state of all divorce cases where the welfare of children 
is involved. County superintendents of child welfare may 
act as school attendance officers, and enforce the child labor 
laws. The board will also serve as a bureau for co-ordinating 
the work of all private welfare organizations, and act as the 
representative of the state child welfare bureau in all counties 
of the state. 


57 


PART THREE 


APPROPRIATIONS RECOMMENDED AS NECESSARY TO 
CARRY OUT THE PURPOSES OF THE 
LEGISLATION OUTLINED. 

IN THE BUDGET OF THE DEPARTMENT OF PUBLIC 

WELFARE. 

For the Child Welfare Bureau. 

(See bill 52) 

For the Biennium. 

1. Salary of Director .$ 6,000 

One clerk . 3,000 

One stenographer. 2,040 

Traveling expenses of director . 1,600 

2. Probation, parole and child-placing: 

Head of division, salary . 3,600 

Three visitors, $3,000 each . 9.000 

Parole officer .7. 3,000 

Traveling expenses of division . 9,000 

Stenographer . 1,920 

3. Child labor inspection: 

One inspector, full time salary ...; . 3,600 

Part time inspector’s salary . 1,200 

Traveling expenses . 3,200 

4. Stationery, postage, printing and equipment . 5,000 

5. Expenses of child welfare council . 1,000 

Total for Child Welfare Bureau .$53,160 


58 


















For the Bureau of Inspectors of Motion Pictures. 

(See bill 32.) 

1. Total appropriation .$38,000 

The fees for the inspection of films are to be 
turned over to the state treasury; and from the 
experience of the four states having such 
boards, running over a period of years and 
usually having a lower charge for inspection, 
the fees will cover all expenses of the bureau. 

IN THE BUDGET OF THE SUPERINTENDENT OF 
PUBLIC INSTRUCTION. 

1. State aid for weak districts (Bill 19) . 200,000 

2. State aid for special classes for mental defectives 

(Bill 3) . 20,000 

3. State school health supervision (Bill 21). 10,000 

4. State supervision of enforcement of compulsory 

school law (Bill 17) . 5,600 


Total for the Superintendent of Public 

Instruction .,$235,600 

IN THE BUDGET OF THE DEPARTMENT OF LABOR 
For the minimum wage commission (Bill 24). 2,000 

IN THE BUDGET OF THE BOARD OF CONTROL. 

For the Bureau of Juvenile Research (Bill 1). 30,000 


Total appropriations recommended .$358,760 

Is the Amount Asked for in This Budget Excessive? 

The legislature is asked to appropriate $358,760 for the 
biennium to carry out the legislation recommended in the 
report. This includes, however, $38,000 for the bureau of in¬ 
spectors of motion pictures, all of which will be reimbursed 
by fees. It also includes the state child welfare bureau which 
has cost $7,500, during the past biennium. It includes ex¬ 
penses of visiting children placed out or paroled by the state 
which has been done by a field agent and by superintendents 


59 












in the pasf and are, therefore, not a new expense. After de¬ 
ducting these items and the $20,000 heretofore appropriated 
for state aid to weak school districts there still remains a 
budget of about $280,000 new appropriation for the coming 
biennium. Of this amount $180,000 is for public schools, leav¬ 
ing only $100,000 for the new child welfare program. 

In view of the general complaint of high taxes and the 
demand for economy in state government the commission will 
discuss frankly the question of this increased expense. 

Every item of the proposed budget has been considered 
carefully and approved. The measures which have been 
recommended are all so closely interrelated that to reject any 
of them or to curtail the appropriations will seriously cripple 
the whole program. 

The total amount asked for here appears large only in 
comparison with the small amounts that in the past have been 
appropriated for specific child welfare work. They do not 
appear large in comparison with amounts that have been 
appropriated for other purposes. A few comparisons here 
cannot be out of place. 

The Legislature of 1919, appropriated for: 

HOG WELFARE. 


Prevention of hog cholera .$ 15,000 

Serum Plant improvements... 40,000 

Hog cholera serum production . 75,000 


$130,000 

FOR OTHER LIVESTOCK WELFARE. 


Extra field help, inspectors, veterinaries, etc. ..$ 35,000 

Horses killed on account of glanders . 2,500 

Incidentals . 6,500 

Livestock Association . 2,500 

Dairymen’s Association . 5,000 

Salaries, Livestock Sanitary Board . 24,640 

Bovine Tuberculosis Fund . 75,000 


60 


$151,140 














FOR FISH AND GAME WELFARE 


Current expenses, game and fish commission .$40,300 

Fish hatcheries . 10,000 

Fish nursery . 2,500 

Salaries, game and fish commission. 23,120 


$75,920 

FOR CHILD WELFARE. 

Child Welfare Bureau and 

Children’s Code Commission .$15,000 

This comparison is made not to disparage the wisdom of 
such expenditures, but simply to dispose of the charge that 
the appropriations asked for child welfare are tco large. 

The expenditure for child welfare work here recom¬ 
mended is an economic expenditure and every dollar so spent 
will -come back to the tax payers with many fold return. 
These expenditures will be repaid because by making this 
outlay: 

It will enable thousands of children in remote country 
districts to have school opportunities and so promote their 
future earning capacity for the state. 

It will promote school health work which will reach our 
300,000 school children; and, if the health of only one per 
cent is improved or a fraction of one per cent prevented from 
becoming invalids or defectives it will pay. 

It will save the lives of many thousands of infants. In¬ 
vestigation in many places has shown a difference in death 
rates among children during the first year of life varying 
from 80 per 1,000, to 240 per 1,000; and these differences in 
death rates depend very largely on whether the knowledge 
of proper medical care, nursing and treatment prevails or 
whether ignorance and prejudice persist. 

It will save hundreds of children from being exploited 
by the ignorant and vicious, as can be proven by many cases 
of neglected children that have already come to light and 
been rescued by the state child welfare bureau. 

It will tend to check the increase of the feeble-minded, 
and consequently of the paupers, vagrants, prostitutes, crim- 


61 








inals and degenerates. Enormous sums are spent by the 
state to support its defectives and dependents, and to prose¬ 
cute its law breakers. With the diminishing birth rate among 
the more intelligent classses and the increasing birth rate 
among the mentally deficient, the financial burden to the state 
must grow constantly and rapidly. The segregation of the 
latter to prevent their increase is the only remedy. 

It will save the state money in future prosecutions of 
criminals and maintenance of prisons and jails by giving seri¬ 
ous attention to prevention of crime by state action. Reference 
is made to the measures for the promotion of wholesome 
public recreation, regulation of commercialized amusements, 
extension of juvenile court methods to all cases of delinquent 
children and the provision for psychological examinations for 
all children who fail to adjust themselves in the home, in 
the school or in society. 

Above all, it should be said that, while all money ex¬ 
pended as here recommended will come back in financial re¬ 
turns, the greater return is the saving of life and character. 

Again, attention is called to the fact that, of the amount 
recommended, $200,000 is for state aid to weak school dis¬ 
tricts to make it possible for them to have six to nine months 
of school. This, the greater part of the budget, stands on a 
different ground of justification from the remainder of the 
program. It simply means that the expense of supporting the 
district schools of the state in the poorer, more sparsely popu¬ 
lated districts is to be assumed by the state itself, to the ex¬ 
tent of $100,000 annually. 

The total expense of supporting the public schools of 
the state in the year ending July 1920, was $19,563,064. Of 
this $18,547,919 was met by local taxation. 

The appropriation of $100,000 per annum for the schools 
will mean taxation, for a person owning property worth 
$5,000, and assessed at $1,000, in the sum of thirteen cents. 
It may be assumed that every person who is worth $5,000, is 
willing to contribute thirteen cents annually to make it pos¬ 
sible for every boy and girl even in the remote country 
districts of Nebraska to go to school six to nine months in the 
year. 


62 


The appropriation of $50,000, annually, which is the 
amount asked for all other child welfare purposes, will mean 
the taxation of an estate assessed at $1,000, to the amount of 
six and one-half cents. 

We believe that everyone who owns property worth $5,000 
is willing to be taxed annually, for the purposes named, nine¬ 
teen and one-half cents. The question at issue therefore is 
not whether we can afford to expend such an amount of 
money, but whether the legislative program recommended 
here is practical and feasible. That question has been pre¬ 
sented in the preceding explanatory part of the report, and 
for further consideration, reference is made to the text of the 
bills, in the concluding part of this report. 


G3 


Child Welfare and Taxation. 

Amount of New appropriations asked for, annually, for: 

State aid to provide nine months, (or at least six 

months) school in weaker districts.$100,000 

All other child welfare purposes . 50,000 

Total .$150,000 

Total assessed valuation of all property in the 

state, one-fifth true value, 1920, .$775,949,730 

Tax rate necessary for the above purposes, 

on every dollar assessed valuation ... 193/1000 of 1 mill 

Total tax, on an estate of $5,000, assessed $1,000, 

necessary for child welfare purposes.19.3 cents 


64 








PART FOUR. 


PROPOSED BILLS WITH ABSTRACTS THEREOF 
AND OF CHANGES PROPOSED AND WITH 
CROSS REFERENCES. 

SOURCES OF INFORMATION. 

The principal source of information in preparing this re¬ 
port has been the knowledge of conditions surrounding child 
welfare in Nebraska received at first hand by members of the 
commission, and by conferences and correspondence. The 
experience of other states has been drawn upon through cor¬ 
respondence and personal interviews and more particularly 
through the use of many valuable reports of the various 
states, of the federal departments, and of national organiza¬ 
tions. 

A Jist of these reports which have been found of especial 
value, and which are of general application, is given below. 
In connection with several of the more important bills, refer¬ 
ences are made to parts of these reports and to others bearing 
on the subject of the particular bill. Most of the publications 
referred to can be found in the Legislative Reference Library, 
or the collection of the commission; or they can be secured 
by writing the departmen or society publishing them, without 
expense. 


SELECT LIST OF PUBLICATIONS 

1. Missouri, Children’s Code Commission Report. 1918. 232 
pp. State Board of Charities and Corrections. Jefferson, 

Mo. 

2. Minnesota, Child Welfare Commission Report. 143 pp. 
1917. (out of print) 

3. Minnesota, Compilation of the Laws Relating to Children. 
1919. 200 pp. State Board of Control, St. Paul, Minn. 


65 



4. Ohio, Report of the Commission to Codify and Revise the 
Laws relative to Children. 1912. 61 pp. State Board of 
Charities, 209 So. High St., Columbus, Ohio. 

5. Indiana, Laws Concerning Children. 1914. 104 pp. State 
Board of Charities, Indianapolis, Ind. 

6. Michigan, Laws relating to Juveniles. 1917. 88 pp. Sec¬ 
retary of State, Lansing, Mich. 

7. Wisconsin, Statutes Relating to Children. 85 pp. 1919. 
Secretary of State, Madison, Wis. 

8. Summary of Child Welfare Laws passed in 1916. 74 pp. 
Children’s Bureau, Washington, D. C. 

9. Standards of Child Welfare, a report of the Children’s 
Bureau Conferences. 1919. U. S. Children’s Bureau, Wash¬ 
ington, D. C. 

JO. Child Welfare in Oklahoma, a report by the National 
Child Labor Committee. 1917. 286 pp. National Child 
Labor Committee, 105 E. 22nd St., New York City. 

Similar reports have been published by the National 
Child Labor Committee on Child Welfare in Alabama, 
North Carolina and Kentucky. 

11. New Hampshire Children’s Commission Report. Jan. 1915. 

13. Child Welfare in Oregon, University of Oregon. 1918. 

14. Laws Affecting Women and Children. Annie G. Porritt, 
National Woman Suffrage Pub. Co., 171 Madison Ave., 
New York City. 


BILLS PROPOSED. 

In the following pages the bills recommended are pre¬ 
sented in full, arranged in logical order according to subject 
matter. Each bill is designated as an amendatory act, a new 
law proposed as a substitute for one repealed, or as a new 
and independent act. 

Preceding each bill is an abstract. If the bill is either an 
amendment to existing law or a substitute for sections re¬ 
pealed the abstract sets out the changes proposed in the 
present law. If the bill is for a new and independent act 
the abstract covers briefly the salient points of the bill. 


66 


Cross references are made to the preceding discussion of 
the bills in their relations to the child welfare needs of the 
state, in Part Two; and to other bills on closely related sub 
jects. 

In bills to amend the present law the proposed changes 
are shown by using different type, thus: 

Word s to fee el mm e ted ere set m e an e olle d l ett e rs . 

New words to be added are set in italics. 


67 









Chapter I. 


SPECIAL CLASSES OF CHILDREN. 

(A) Defective Children. 

BILL NO. 1. 

BUREAU OF JUVENILE RESEARCH. 

(A new and independent act.) 

Abstract of the bill. 

1. The bureau constitutes a clearing house under the board of 
control for the study and classification of dependent, delinquent 
and defective children, under eighteen, committed to that board by 
juvenile courts or already in state institutions. 

2. After receiving a written report from the bureau, the board 
may assign any child to the proper institution, place him in a 
family home or move him from one institution to another. 

3. The bureau may make mental and physical examinations of 
children in private institutions, in the public schools and in juvenile 
courts when requested, and it shall cooperate with the state super¬ 
intendent in the supervision of special classes for mentally defective 
children in the public schools. 

References. 

This bill is based upon the Ohio law enacted in 1914. Ohio code, 
ss 1841-1-7. 

For bills 1, 2, and 3 refer to the following: 

Mental Defectives in Indiana. 1919. State Board of Charities. 
Mental deficiency law of New York. 1919. Commission for Men¬ 
tal Defectives, 105 E. 22nd St., New York City. 

Summary of State Laws Relating to the Feeble-Minded and Epi¬ 
leptic. 1917; also Cook County and the Mentally Handicapped; and 
the Problems Confronting a Psycho-Educational Clinic by Dr. J. E. 
W. Wallin, all published by the National Committee for Mental Hy¬ 
giene, 50 Union Square, New York. 

National Conference Social Work, 1920, pp. 359-406. 

Ohio Bulletin Charities and Corrections. July 1919. Pages 36-39. 

A BILL 

For an Act to establish a Bureau of Juvenile Research 
and to repeal all acts and parts of acts in conflict with 
this act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. All minors under eighteen years of age 
who, in the judgment of the juvenile court, require state 

69 


i 


I 



institutional care and custody shall be wards of the state, 
and shall be committed to the care and custody of the 
board of control, which board thereupon becomes vested 
with the sole and exclusive custody of such minors. 

Sec. 2. The board of control shall provide and main¬ 
tain a Bureau of Juvenile Research, and shall employ a 
competent clinical psychologist to administer such bureau, 
to conduct investigations, and to study the problems re¬ 
lating to dependent, delinquent and defective children. 
The director of the bureau may appoint such expert as¬ 
sistants and clerical help as the board of control may 
authorize. 

Sec. 3. The Bureau of Juvenile Research shall conduct 
such mental, physical and other examination, inquiry 
or treatment of children in the custody of the board of 
control as the bureau may deem necessary. Such board 
may cause any minor in its custody to be removed to the 
bureau for observation. A complete report of every ex¬ 
amination shall be made in writing and shall include a 
record of observation, treatment, medical and social his¬ 
tory, and a recommendation for future treatment, custody 
and maintenance. The board of control or its duly au¬ 
thorized representatives shall then assign the child to a 
suitable state institution or place it in a family under 
such rules and regulations as may be adopted. 

Sec. 4. Any minor having been committed to any state 
institution may be transferred by the board of control to 
any other state institution, whenever it shall appear that 
such minor by reason of its delinquency, dependency, ne¬ 
glect, mental or physical defect or any other reason ought 
to be in another institution. Such board before making 
such transfer shall make a minute of the order for such 
transfer and the reason therefor upon its record, and shall 
send a certified copy at least seven days prior to such 
transfer, to the person shown by its records to have had 
the care or custody of such minor immediately prior to 
its commitment. 

Sec. 5. The board of control may receive any minor 
for observation and treatment from any public institution 


70 


other than a state institution or from any private or 
charitable institution or person having legal custody 
thereof, upon such terms as such board may deem proper. 

The Bureau of Juvenile Research may send examiners 
to conduct examinations of minors brought before any 
court of this state at the request of such court, and such 
examination shall be made without charge other than for 
necessary traveling expenses. In like manner the Bureau 
of Juvenile Research may conduct mental examinations 
of children in any public school of this state upon the 
request of the superintendent of such school without 
charge other than the necessary traveling expenses. It 
shall also co-operate with the superintendent of public 
instruction in the supervision of special classes for men¬ 
tally defective children in the public schools. 

Sec. 6. Bach county shall bear all the expenses inci¬ 
dent to the transportation of each child from such county 
to such Bureau of Juvenile Research, together with such 
fees and costs as are allowed by law in similar casefe, 
which fees, costs and expenses shall be paid from the 
county treasury upon itemized vouchers certified to by the 
judge of the juvenile court. 

Sec. 7. All acts and parts of acts in conflict with this 
act are hereby repealed. 


BILL NO. 2. 

STATE INSTITUTION FOR THE FEEBLE-MINDED, AND METHOD 
OF COMMITMENT. 

(An amendatory act) 


Abstract of Changes. 

1. Name of the state institution changed from Nebraska Institu¬ 
tion for Feeble-Minded Youth to Nebraska Institution for Feeble- 
Minded. 

2. Purposes of the institution restated, putting emphasis on 
custodial care and segregation as well as education. 

3. Definition of the term “feeble-minded” (Section 2). 

4. Method of commitment changed by adding to list of officials 
who may file petition, by providing method of committing persons 
who have no legal residence, by providing that the examination may 
be made and certificate signed by a clinical psychologist as well as by 
a physician and by providing that if the person named in the petition 
is an inmate of a state institution, he may be kept in the same insth 

71 



tution or transferred to the institution for the feeble-minded in the 
discretion of the board of control. 

Cross references. 

In connection with this bill, see bills 1, 3 and 11, and references 
under bill 1. 


A BILL 

For an Act to provide for the care and control of the 
feeble-minded, to change the name of the Nebraska In¬ 
stitution for Feeble Minded Youth, to define the term 
“feeble-minded”, to provide for the commitment of those 
who are feeble-minded and to amend sections 7220 and 
7221 of the Revised Statutes of 1913 and 7223 and 7224 
of the Revised Statutes of 1913 as amended by Chapter 
131 of the laws of 1915 and to repeal said original sec¬ 
tions and also to repeal section 7222 of the Revised 
Statutes of 1913 and to enact a new section to be 
known as 7222a of the Revised Statutes of 1913. 


Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 7220 and 7221 of the Re¬ 
vised Statutes of 1913 are hereby amended to read as 
follows: 


7220. - Thoro shall be establis h e d in the State of 
an- instit u tion te be k no w n and design a ted as the 
Instit u ti o n for - Fee ble Minded Y o u t h. The Nebraska Insti¬ 
tution for Feeble Minded Youth shall hereafter be known 
and designated as the Nebraska Institution for the Feeble- 
Minded. 

7221. B esides shelter and p ro t e ct ion , tbe prime o bj e c t of 

llj-n niLitif nli An n 1 i o 1 I 1 \r\ F r\ nuATri <■ 1 ai^aaih 1 ~i ^ /a i ^ n a! t vnnvAv /\ _ 

TTTT 11TH p 1 1 it IIU11 rrrTTTTT " ' V TTT T/l U \ "'prll rTT Ills'll 11U TTT 1111 |) I If \ “ 

ment for tbat un f ort u nate po rtion of tbe community wbe 
were bom, or by d i s e a se have b e c o m e , h nb c e llo oi feeble¬ 
mi nde d, and by a w ise and well adapted eeu rse of inst ru c tion 
r ecla i m them f rom their helpless condition, and, th ro u gh tbe 
d eve l o pm ent of their intelle c tual faculties , fit them as far as 
p ossi bl e for usefulness in society. To this end there shall be 
fu rni sh ed them such agric u ltural and mechanical ed u cation 
as they may be capable of r e c eivin g. The objects of the in¬ 
stitution shall be to provide custodial care and humane 


72 
































treatment for those who are feeble-minded, to segregate 
them from society, to study to improve their condition, 
to classify them, and to furnish such training in indus¬ 
trial, mechanical, agricultural and academic subjects as 
they are severally fitted to acquire. 

Sec. 2. That a new section be added to the Revised 
Statutes of 1913 to be numbered 7222a, to read as 
follows: 

7222a. The words “feeble-minded person” shall be 
construed to mean any person afflicted with mental 
defectiveness from birth or from an early age, so pro¬ 
nounced that he is incapable of managing himself and his 
affairs and of subsisting by his own efforts, or of being 
taught to do so, or that lie requires supervision, control, 
and care, for his own welfare, or for the welfare of others, 
or for the welfare of the community, and who cannot be 
classified as an “insane person.” 

Sec. 3. That sections 7223 and 7224 of the Revised 
Statutes of 1913 as amended by Chapter 131 of the laws 
of 1915 are hereby amended to read as follows: 

7223. Said institution shall receive as inmates only such 
id io t i c^ imbecile and feeble-minded persons as may be trans¬ 
ferred thereto from any other state institution of Nebraska 
by the board of commi s sion e r af st a te institutions , control 
or may be committed thereto by a juvenile court of this 
state under the provisions of ooetion 1250 af The R evised 
Stat utes af N e br aska fa* 4943. the juvenile court law or 
may be committed thereto by a county court of this state 
in the manner hereinafter provided. 

The husband, wife, parent, guardian or other person 
standing in loco parentis to an idiatie, imbecile a* a feeble¬ 
minded person, or the county commissioners, county attor¬ 
ney a* any paa* law of f ic ial or any health officer, any 
superintendent or principal of schools, or any probation 
or parole officer of the county or any reputable citizen, 
being a resident of the county of which such idiotic . 
im b e c i le a* feeble-minded person is a bona fide resident, 
may apply by petition to the county court of said county 
for the commitment of such person to the Nebraska Insti- 


73 








tution for the Feeble-Minded Yo o t -h; and the superin¬ 
tendent or managing officer of any public or charitable 
institution having in charge any i di o ti c, i mbo e i i e of feeble- 
minded person may so apply for like purpose to the 
county court of the county in which such public or 
charitable institution is located; and any of the above 
named officials may apply, as aforesaid, for the commit¬ 
ment of any feeble-minded person found in the county 
and, whose place of legal residence cannot be ascertained. 

Such petition shall set forth the name and address of 
the petitioner and the capacity in which he files such 
petition, the name, age, sex and residence of the alleged 
idi ot i c, imbecile of feeble-minded person, the names and 
addresses of the parents, guardians, or other persons hav¬ 
ing custody or control of such person and that such 
person is a proper subject for commitment to said insti¬ 
tution, and must be accompanied by a certificate by a 
legally qualified physician with an experience in the 
actual practice of his profession, or a clinical psychologist 
certifying that he has personally examined the person 
to whom the application relates and that in his opinion 
such person is idiot, imbeeile of a feeble-minded person 
and a proper subject for commitment to said institution. 

Thereupon the said court or the judge thereof shall 
appoint a day for the hearing of said petition and shall 
cause due notice of such hearing to be given to all 
parties in interest so that full opportunity shall be given 
for the presentation of evidence concerning the mental 
status of the alleged idiotic ,, i m b oeilo of feeble-minded per¬ 
sons. If at said hearing it shall appear that the person 
named in the application is idiot, eu i mbo e ilo of a feeble¬ 
minded person and that the best interests of such person 
or the welfare of society require that he be committed 
to said institution for the feeble-minded, the court shall 
commit such person to the Nebraska Institution for the 
Feeble-Minded Youth and shall direct his removal there¬ 
to by a proper officer or person and his detention therein 
until duly discharged. 


74 







It shall be the duty of said institution to receive all 
such idmt+e, imbecile tmd feeble-minded persons duly com 
mitted thereto and to detain them therein, and to arrest 
and return any who may escape therefrom, until duly 
discharged or transferred in accordance with the provi¬ 
sions of law and the rules and regulations adopted with 
reference thereto by the board of e ommiooionoro state 

Provided: That if the person named in the application 
is an inmate of a state institution the court may com¬ 
mit such person to the care and custody of the state 
hoard of control and the said hoard of control may, in its 
discretion, detain such inmate in the institution in 
which he is at the time of the hearing subject to the rules 
of such institution or may transfer him to the Nebraska 
Institution for the Feeble-Minded. 

7224. At said hearing the court shall inquire as to 
the estate of such idmtie, imbo e ilo e* feeble-minded person 
and, if the court find said estate sufficient for the purpose, 
shall order the payment therefrom of the costs of said 
proceeding, and of transporting said person to said in¬ 
stitution, and also the cost of providing suitable clothing, 
incidental expenses, such as dental work, repairs of 
clothing, etc., and burial expenses; and if said i d ioti c, 
imbeede m* feeble-minded person have no estate and the 
court find that the circumstances of the husband or parent 
of such person are such as to make such order proper and 
advisable the court shall order that payment of the costs 
and expenses above mentioned be made by said husband 
or parent, and any such order shall be enforceable in 
the same manner in which orders in desertion cases are 
now enforceable. 

If the court find that said i d iotie , i m boeilo m 2 feeble¬ 
minded person have no estate and that the circumstances 
of the husband or parent of such person are not such as 
to warrant an order for the payment of said costs and 
expenses by said husband or parent, the judge of said 
court shall thereupon certify the same to the county board 
of said county or of the county in which such person is 


75 






a bona fide resident and to the superintendent of the 
institution who shall notify said county board when the 
person can be admitted, and said board shall at once 
provide clothing and transportation, and on or before 
admission pay to the superintendent in current funds the 
sum of forty dollars for each person so admitted, which 
money shall be used only for the expenses mentioned in 
this section. The superintendent shall report to the 
county board on the first day of December of each year, 
giving an itemized statement of the expenditures made 
and showing the balance on hand. The county board shall 
at their first meeting thereafter, pay to the superintendent 
such sum of money as added to the balance in his hand 
shall equal the sum of forty dollars for each indigeni 
inmate from such county. If any county board shall 
fail to comply with the provisions of this section the 
district court in the county shall, on application, compel 
the same by mandamus. 

Persons who have been found by the court to be able 
to pay the expenses mentioned in this section shall give 
bond to the State of Nebraska in the penal sum of one 
hundred dollars payable to the superintendent of the in¬ 
stitution, conditioned on providing for the above men¬ 
tioned expenses, or that they will pay or cause to be paid 
to the superintendent on his statement of expenditure 
such sum of money as may be necessary for such pur¬ 
poses. Such bond shall be approved by said county 
judge. 

In case the husband or parent refuse to pay such ex¬ 
penses the county board shall pay the same and shall 
proceed against said husband or parent, and bondsman, 
according to law. 

Sec. 4. That said original sections 7220, 7221 and 
7222 of the Revised Statutes of 1913, and sections 7223 
and 7224 of the Revised Statutes of 1913 as amended 
by Chapter 131 of the laws of 1915 are hereby repealed. 


76 


BILL NO. 3. 

SPECIAL CLASSES FOR THE INSTRUCTION OF MENTALLY 
SUBNORMAL CHILDREN IN THE PUBLIC SCHOOLS. 

(A new and independent act.) 

Abstract of the bill. 

1. This bill makes it compulsory upon school boards' to provide 
special classes for the instruction of mentally subnormal children in 
all districts where fifteen or more of school age are found. 

2. Provides for joint action by two or more districts' in main¬ 
taining special classes where the district has less than fifteen such 
children. 

3. Provides for state aid for such classes in the sum of fifty 
dollars annually per pupil. 

4. Provides for co-operation of the director of the bureau of 
juvenile research with the superintendent of public instruction in 
supervision of clas'ses organized under this act. 

Cross references. 

In connection with this bill, see bills 1, 2, and 17, and references 
under bill 1. 


A BILL 

For an Act to provide for the education of mentally sub¬ 
normal children in special classes in the public schools. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. Whenever in any school district there shall 
be found fifteen or more children of school age who are 
mentally subnormal and yet capable of instruction, the 
board of education or school board shall provide appro¬ 
priate instruction in a special class for such groups and 
shall provide transportation to and from school for such 
children as could not otherwise attend. Instruction 
which is adapted to the mental capacities and handicaps 
of the children must be provided in these classes under 
the regulations of the state department of education. It 
shall be the duty of the board of education or school board 
in each district to ascertain annually the number of 
children in the district who belong to this type. 

Sec. 2. Whenever any school district shall have fewer 
that fifteen children of the class provided for in section 1 
of this act, the school boards or boards of education of 
two or more districts may contract with each other for 
the establishment of special classes for the education of 
such children in one or the other of said districts. 


77 


Sec. 3. There shall be paid out of the current school 
fund in the state treasury annually to the treasurer of 
the school district maintaining the school or schools for 
the instruction of subnormal children as provided in this 
act the sum of fifty dollars for each mentally subnormal 
child instructed in such school or schools having an 
annual session of at least nine months during the year 
next preceding the first day of July. 

Sec. 4. The superintendent of public instruction with 
the co-operation of the director of the bureau of juvenile 
research, shall have supervision of all schools and special 
classes created under this act and shall have power to en- 
fore the provisions of this act. 


(B) Dependent and Neglected Children 

BILL NO. 4. 

NEBRASKA HOME FOR DEPENDENT CHILDREN. 

(An amendatory act) 

Abstract of Changes. 

1. Strikes out the present restriction limiting the amount allowed 
to be paid by the state home for the boarding of children in private 
families to two dollars a week. 

2. Provides for transferring of the function of placing children 
in homes, investigating homes and visiting children, from the Ne¬ 
braska home for dependent children to the state child welfare 
bureau, but leaves the supervision in the board of control. 

Cross references. 

In connection with this bill, see bills 5, 52 and 53. 

A BILL 

For an Act to amend section 7229 of the Revised Statutes 
of 1913 relating to the Nebraska Home for Dependent 
Children and to repeal said original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 7229 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 

7229. The board of control is hereby made the legal 
guardian of all children now in the custody of the state 
sekeel Nebraska Home for Dependent Children and of 
those who shall be committed to its care. It shall be the 


78 




duty of tlie board to afford temporary care and to use spe¬ 
cial diligence to provide suitable homes for such children 
and it is hereby authorized to place them in such families 
for adoption or on a written contract during minority or 
until eighteen years of age, in the discretion of the board, 
providing for their education in the public schools where 
they may reside or otherwise for teaching them some 
useful occupation, for kind and proper treatment as mem¬ 
bers of the family where placed, and for the payment on 
the termination of the contract to said board for the use 
of the child any sum of money that may be provided for 
in the instrument. Whenever any ward of the board 
who is not indentured has become self-supporting the 
board may so declare by resolution and the guardianship 
of the board shall then cease and the child thereafter 
be entitled to its own earnings. Whenever one or both 
parents of any ward who is not indentured have become 
able to support and educate it the child may, by resolution 
of the board, be restored to its parents, in which case the 
suitableness of the home shall be certified in the same 
manner as herein required to place on identures, and 
thereupon the guardianship of the board shall cease. The 
board, shall also have authority in case permanent free 
homes cannot be obtained to provide and pay for their 
board in private families ftt ft rate te exeeed two d ol k- ro 
per week. Provided, that whenever the director of the 
state child welfare bureau shall make provision for the 
work of investigating homes in which children are to be 
placed from state institutions, and for visiting and super¬ 
vising such homes and the children placed therein, and 
shall so certify to the state board of control, then the 
state board of control shall make the director of the state 
child tvelfare bureau its agent for the placing of children 
in homes, for the investigation of such homes, and the 
visitation of such children. 

Sec. 2. That said original section 7229 of the Revised 
Statutes of 1913 is hereby repealed. 


79 




BILL NO. 5. 


NEBRASKA INDUSTRIAL HOME FOR WOMEN. 

(An amendatory act) 

Abstract of Changes. 

1. Purposes of the institution restated. 

2. Permitting care in this institution of girls committed by the 
courts in certain cases. 

3. Encouragement to be given to mothers to keep their own 
children when they appear physically, mentally, and morally capable 
of giving reasonable care. 

4. Provides that where mothers relinquish the custody of their 
children, they may be relinquished to the board of control to be 
cared for by the Nebraska home for dependent children or placed 
in homes by the state child welfare bureau, thus centralizing child- 
placing work in the state. 

Cross references. 

In connection with this bill, see bills- 4, 7, 28, 29, 45, 48 and 52. 

A BILL 

For an Act to provide for the reception and care of 
women and girls at the Nebraska Industrial Home at 
Milford on commitment by court order, while preserv¬ 
ing the right of voluntary admission to said home, to 
amend sections 7387 and 7388 of the Revised Statutes 
of 1913 as amended by chapter 139 of the laws of 1915 
and to repeal said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 7387 and 7388 of the Re¬ 
vised Statutes of 1913 as amended by chapter 139 lavs 
of 1915 are hereby amended to read as follows: 

7387. The objects of the institution shall be to afford 
shelter, protection and proper care to pe nitent , pregnant 
women and girls who are unmarried! or who have been 
deserted by their husbands for more than nine months 
** view te *44 in 4^^(■* o4’ 

pmstitetien who may voluntarily apply for admission or 
who may be committed to the cure of such institution by 
the courts of this state: to furnish them domestic, indus¬ 
trial and other training to fit them for self support ; to 
procure them appropriate employment ; to provide tem¬ 
porary care for their children born in the institution; 
end te seeepe suitable h ome s £e* seek ebildsen. To this end 


80 






f~ t ! P H11 P V111 P11 ( loll fit fl fi 1 i 1 ^ ^ v*~> ^ i£« r> 11 4- 1 \ /-\-m r/A< I -i n n n nnn n ir\ 

^ ^ rTrT X^ v * uviv nu TTr nrTtrt ii ttttit" tct tt tt uTTtyrT»l}rr ttt irtTntrn rrp 

p*o¥ e 4 by tbe hm*4 el uomnuaiiloner>4 of- ofcfttG m y fc 1 1 u t ieno to 
g eooivo the ees tody h-h 4 cont rol el eey seeb eb44 (l iify 
ffelinq eieked by the m othe r t h oroo l tm4 to consent to the 
adoption el eeeh eh44 by oo m e suitable person approved by 
se44 b o a rd , and to encourage mothers who are nor¬ 
mally endowed to keep their children with them. To 
this end the superintendent of said home is authorized in 
all cases, where it is physically possible, to encourage 
the mother of any child born in the institution to nurse 
the child for at least siw months and in all cases where 
the mother appears to be physically, mentally and morally 
capable of giving the child reasonable care, she shall be 
encouraged and assisted to retam the permanent custody 
and control of the child. In case it is necessary that 
the mother arid child be separated permanently, the 
mother may relinquish the custody of such child to the 
board of control, or the superintendent of the home shall 
report such case to the state child welfare bureau, which 
shall take the necessary steps to have the child commit¬ 
ted to the custody of the state board of control as other 
dependent children are committed. 

7388. In case of voluntary admission to the home, 
application for admission to said home shall be made 
to the superintendent and shall show the condition and 
circumstances of the applicant in such matters as the 
regulations of the board may require. If the application 
is denied it shall be returned to the applicant. In case 
of commitment to the home by order of court, the order 
shall contain the information as to the name, age, circum¬ 
stances and conditions of the person committed required 
by the regulations of the board. The records of the home 
shall be deemed confidential and shall be subject to ex¬ 
amination only by the governor, the board, a legislative 
committee or on order of a court or judge, nor shall any 
information as to the name or identity of any applicant 
or inmate be disclosed except to such persons only as 
may prove to the satisfaction of said board their right 
to such information. 


81 




Sec. 2. That said sections 7387 and 7388 of the Re¬ 
vised Statutes for 1913 as amended by chapter 139 of 
the laws of 1915 are hereby repealed. 


BILL NO. 6. 

CHILDREN IN POORHOUSES. 

(An act to repeal certain sections and to substitute new sections.) 
Abstract of Changes. 

1. Repeals sections providing for education of children in poor- 
houses, prohibits keeping children therein and requires county au¬ 
thorities to provide care for dependent children through the juvenile 
court law and the mothers pension law. 

2. Prohibits keeping of pregnant women in poorhous'es and re¬ 
quires care in proper institutions. 

Cross references. 

See bills 5, 7, 12, 52 and 53. 

A BILL 

For an Act to require boards of county commissioners and 
of supervisors to provide for the care of dependent 
children and of destitute pregnant women elsewhere 
than in a poor house and to repeal sections 5818 and 
5819 of the Revised Statutes of 1913. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. It shall be unlawful to admit, keep, or 
maintain any child under the age of sixteen years in any 
poor house of this state. It shall be the duty of the 
board of county commissioners or of supervisors of any 
county in which children under the age of sixteen are 
being kept in a poor house at the time that this law shall 
take effect, and in any county in which application is 
made for the care of dependent children in a county poor 
house, to take such steps as may be necessary to have 
such children cared for in accordance with the provisions 
of the laws relating to juvenile courts and to the allow¬ 
ance of mothers’ pensions. 

Sec. 2. It shall be unlawful to admit, keep, or main¬ 
tain any pregnant woman in any poor house of this state. 
It shall be the duty of the county board of any county 




82 



iii which a pregnant woman is found in a poor house at 
the time that this law shall take effect, and of any county 
in which a pregnant woman shall apply for admission to 
the county poor house, to provide for the care of such 
pregnant woman in a hospital, sanitarium, private home, 
or other suitable place at the expense of the county, when¬ 
ever in the judgment of the county board such person is 
destitute and in need of county relief. 

Sec. 3. That sections 5818 and 5819 of the Revised 
Statutes for 1913 are hereby repealed. 


BILL NO. 7. 

MOTHERS’ PENSIONS. 

(An amendatory act) 

Abstract of Changes. 

1. Changes length of residence required in the county, in order 
to receive benefits of the law, from two years to one year. 

2. In the case of a divorced or deserted woman, no assistance 
shall be granted under this law unless the husband has been absent 
from home for one year. 

3. Raises the age under which children may receive the bene¬ 
fits of the law from fourteen to sixteen years. 

4. Changes the maximum amount which one family may receive 
from $50 to $75. 

5. Strikes out the provision that a mother shall not receive 
the benefits of the law if the children have relatives legally re¬ 
quired to contribute to their support. 

6. Requires the probation officer supervising the family to report 
to the juvenile court monthly in writing. 

References. 

Laws relating to Mothers’ Pensions. 1919. United States Child¬ 
ren’s Bureau, Washington, D. C. 

Laws Affecting Women and Children, Annie G. Porritt, pp 89- 

105. 

Cross References. 

See bill 12, S 3; bill 17, S. 1, A, D; bill 26, 52, 53. 


A BILL 

For an Act to amend sections 2, 6, 7, 8 and 11 of chapter 
221 of the laws of 1919 relating to mothers’ pensions 
and to repeal said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 2, 6, 7, 8 and 11 of chapter 
221 of the laws of 1919 be amended to read as follows: 


83 





Sec. 2. A mother whose husband is dead or whose 
husband lias become permanently incapacitated for work 
by reason of physical or mental infirmity, or is confined 
in a penal institution, and a mother who is unmarried, 
or has been married and is divorced, or has been deserted 
by her husband, may file a petition for relief under this 
act, provided such mother has had a residence for two one 
years in the county where such petition is filed and is the 
mother of a child, or children: Provided, further, how¬ 
ever, no mother shall receive any support whose husband 
or whose divorced husband has means and can be legally 
made to assist in the support of his children; and pro¬ 
vided further that no mother shall receive any support 
whose husband is able to contribute to her support unless 
such husband has been absent from the home for at least 
one year. Such petition shall be filed with the juvenile 
court of the county where such mother resides, and may 
be verified on information and belief. 

Sec. 6. The allowance made to such mother shall not 
exceed ten dollars per month when such mother has but 
one child under the age of fo u r t een sixteen years, and 
when she has more than one child under such age, the 
relief granted shall not exceed ten dollars per month 
for each of the other children; Provided, that in no 
event shall the relief granted to any one mother and 
children exceed the sum of f ifty seventy-five dollars per 
month; Provided, further, no such order shall be effective 
for more than six months, unless renewed by the court 
at or after the expiration of that period. 

Sec. 7. Such relief shall be granted by the court only 
upon the following conditions: 

(1) The child or children for whose benefit the relief 
is granted must be living with the mother of such child 
or children; (2) The court must find that it is for the 
welfare of such child or children to remain at home with 
the mother; (3) The relief shall be granted only when 
in the absence of such relief the mother would be re¬ 
quired to work regularly away from hem home and 
children and when by means of such relief she will be 


84 



able to remain at home with her children except that she 
may be absent from homey at work a definite number of 
days eacli week to be specified in the court’s order, when 
such work can be done by her without the sacrifice of 
health or the neglect of the home and children; (4) (J/) 
The relief granted shall, in the judgment of the court 
be necessary to save the child or children from neglect 
and to furnish such child with suitable education; (£1 
(5) a mother shall not receive such relief who is the 
owner of real property or personal property other than 
the household goods of more than two thousand dollars 
in value; (£) (6) a mother shall not receive such relief 
who has not resided in the county where the application 
is made at least two one years and in the state two years 
next before making such application. (8) (7) A mother 
oho 1 1 net receive such re l ie f If her children have relatives 


111 , 1 f :n i t J l /A n / 1 zJ zaTi r m dTi/A i za-i-> h o In Mlinn 1 a mrnnAra 

TvTr n "T rTT“ p i "T" iiT! ur^rrr" w * “u-i j- iv iv. h u u uihih. u v v rr u«. \j ij u 

4 - 1 i r\ tv-> r« n -i r\ t>a 1 nli Ann 1^-ita -f- r\ n a /a ai a a a a Tit azI o n n r\ i* r I i n zv 4 - r\ f n a in nf n a - 1 

I'llUIIiJ “JcilvL 1 v ill ‘ 1 1TTII rriTTp TT7 T7TT “TTTTTJ7TT uTTvT ULCUI T7TT TTTTTT mv, tn \_/vx 

r\ ~4 r \ r\t- r\ imi v> zv -nA-fzAn-fr^/'t n n AAAnm An £a iM»AiiA ^ f tt m. \1 a Kt^a n Irn 

TTT* rrv ttttttoT’Ttttt* rrvt‘v i fj-Trrrlr “rr prupv rrr tty ^ \ wi zrrj ivm• 

Sec. 8. Whenever any child shall arrive at the age of 
f o u rtee n- sixteen years and any relief granted to the mother 
for such child shall cease; Provi d ed , if a c hild ef f o u rteen 


years ef age he ill er is in capacitated fer work, the mot h e r 

nli nl 1 t * /a Try-y tim /I r< :f r\ i» ixisJ. -zzn.-i / In t > n a r\- r< 11 /z 1 > a 1 I n a:il 1 A\T» inpn 

citt lv “11 xTrrTvtrf i trr ttio v i 11 u vTTlttit^ Ij m v ir liiiiv J j V/ r tttttct 

paeity fer w o rk until such child is sixteen years ef age. 

The court may, in its discretion, at any time before such 

child reaches the age of feurteen sixteen years modify or 
vacate the order granting relief to any mother and for 
any child. 

Sec. 11. It shall be the duty of any probation officer 
of the juvenile court such as are appointed under this aet 
to investigate all applications for relief and make a writ¬ 
ten report of such investigation with their recommenda¬ 
tions. After the granting of relief to any mother for the 
support of her children, it shall be the further duty of 
such probation officer to visit and supervise, under the 
direction of the court, the families to which such relief 


has been granted and to report to the court once each 
month in writing as to the condition of the family and 


85 






to advise with the court and perform such other duties 
as the court may direct in order to maintain the integrity 
of the families and the welfare of the children. 

Sec. 2. That said original sections 2, 6, 7, 8 and 11 of 
chapter 221 of the laws of 1919 are hereby repealed. 


BILL NO. 8. 

CHILD PLACING^ ORGANIZATIONS. 

(An act to repeal the present law and to enact new provisions.) 

Abstract of Changes. 

1. Definition of child placing agency. 

2. Agencies required to keep more complete records. 

3. Parents prohibited from relinquishing children under three 
months of age and from relinquishing children to any agency other 
than a licensed association or a relative, except through an order 
of court. 

4. Powers of visitation and inspection by state child welfare 
bureau enlarged. 

5. Regulation of agencies bringing children from other states 
to Nebraska made more effective, the present law prohibiting “as¬ 
sociations incorporated under the laws of other states'* from placing 
children in this 1 state, but not preventing any other organization or 
person from bringing children from without the state. 

6. Provides for annual inspection of child placing organizations, 
visitation of children placed by them and licensing of the same by 
the state child welfare bureau, and prohibits unlicensed organizations 
from conducting child placing work or soliciting funds. 

7. Records and information of the child welfare bureau to be 
protected from public inspection. 

References. 

National Conference Social Work. 1920, pp. 99-104. 

Cross references. 

In connection with this bill, see bills 12, 52 and 53. 


A BILL 

For an Act to provide for the regulating and certifying 
of persons and associations engaged in the business of 
receiving, securing homes for and caring for children, to 
prescribe penalties for the violation of this act and to 
repeal sections 5831, 5832, 5833, 5834, 5835, 5836 and 
5837 of the Revised Statutes of 1913 as amended by 
Division XI, article II, title VI, chapter 190 of the 
laws of 1919, (pages 789-790) and to repeal all acts and 
parts of acts in conflict with this act. 



B ( it Enacted by the People of the State of Nebraska: 

Section 1. For tlie purposes of this act the word 
“agency” shall mean a person, association or corporation 
engaged in the business of receiving, securing hon.es for 
or otherwise caring for children. 

Sec 2. Every agency permitted by law to receive, 
sceun homes for or otherwise care for children, shad 
keep a record containing the names, ages, present and 
fo.mer residences, occupations and character so far as 
known of the parents; the dates of reception, placing out 
and adoption, together with the name, occupations ami 
residence of the person with whom the child is placed; 
the date and cause of the cancellation of any contract of 
indenture; the date and cause of any removal to another 
home; the date and cause of termination of custody, and 
a brief history of each child until he shall have reached 
the age^of eighteen years, or shall have been legally 
adopted or discharged, according to law. 

Sec. 3. On the lirst day of each month such agencies 
shall report to the state child welfare bureau on forms 
supplied by it, specifying the matters and things required 
in the record mentioned in the next preceding section. 

Sec. 4. Except in judicial proceedings, no parent may 
assign, relinquish or otherwise transfer to another his 
rights or duties with respect to the permanent care and 
custody of his child under fourteen years of age, and any 
such transfer hereafter made shall be void. No agency or 
person other than the parents may assume the permanent 
care and custody of a child under fourteen years of age 
unless authorized so to do by an order or decree of a court 
of record; Provided, that this section shall not be con¬ 
strued to prohibit a parent from assigning, relinquishing 
or otherwise transferring the custody or guardianship of 
his or her child who is over the age of three months to 
any society or corporation incorporated under the laws 
of the State of Nebraska for the care and placement of 
children, and duly licensed by the state child welfare 
bureau or to persons who are related to the child within 
the second degree, nor to prohibit such relative or corpo- 


87 


rations from accepting the custody or guardianship of 
such child. 

Sec. 5. The state child welfare bureau at any time 
may cause the child and the home in which he has been 
placed to be visited by its agents for the purpose of ascer¬ 
taining whether the home is a,suitable one for the child; 
and may continue to visit and supervise the care of such 
child the same as though the child were placed out by the 
state. Whenever satisfied that a child has been placed in 
an unsuitable home, the bureau may order its transfer by 
the agency which placed it, and if said order is not 
obeyed within thirty days or in the event that conditions 
in the home are such as to make it appear necessary to 
the welfare of the child to remove it at once, or in the 
event that the agency that placed the child is unknown or 
cannot be found, the bureau itself shall take charge of 
and provide for such child, and in that event the bureau 
may temporarily place such child in the state home for 
dependent children, and shall forthwith file a petition in* 
the proper juvenile court, for the determination of the 
final disposition of the child. 

Sec. 6. No agency shall bring or send into the state 
any child for the purpose of placing him out or procur¬ 
ing his adoption, without first obtaining the consent of 
the state child welfare bureau and such agency shall con¬ 
form to the rules of the bureau. It shall file with the 
bureau a bond in the penal sum of one thousand dollars, - 
conditioned that it will not send or bring into the state 
any child, who is incorrigible or unsound of mind or 
body; that it will remove any such child who becomes a 
public charge or who, in the opinion of the bureau, be¬ 
comes a menace to the community prior to his adoption 
or becoming of legal age; that it will place the child 
under a written contract, approved by the bureau, that 
the person with whom the child is placed shall be re¬ 
sponsible for his proper care and training. 

Sec. 7. Every agency placing a child in a home with¬ 
out an order of court shall enter into a written agree¬ 
ment with the person taking the child, which agreement 


88 


shall provide that the agency placing the child shall have 
access at all reasonable times to such child and to the 
home in which he is living, and for the return of the 
child by the person taking him whenever in the opinion of 
the agency or in the opinion of the state child welfare 
bureau the best interests of the child shall require it. 

Sec. 8. It shall be the duty of the state child welfare 
bureau to pass annually on the fitness of every agency, 
public, semi-public or private, which engages in the 
business, for gain or otherwise, of receiving and caring 
for children or placing them in private homes. Annually 
and at such time as the bureau shall direct every such 
agency shall make a report showing its condition, man¬ 
agement and competency to care adequately for such 
children as are or may be committed thereto or received 
thereby, the system of visitation employed for children 
placed in private homes, and such other facts as the 
bureau may require. When the bureau is satisfied that 
such agency is competent and has adequate facilities to 
care for such children, and that the requirements of the 
statutes covering the management of such agencies are 
being complied with, it shall issue to the same a license 
which shall continue in force for one year unless sooner 
revoked by the bureau. A list of such licensed agencies 
shall be sent by the bureau at least annually to all 
juvenile courts and to all the agencies so approved. No 
ageficy which has not received such license within the 
fifteen months next preceding, and which certificate re¬ 
mains unrevoked, shall receive a child for care or placing 
out, or place a child in another home, or solicit money in 
behalf of such agency. All such agencies shall be subject 
to the same visitation, inspection and supervision by the 
state child welfare bureau as are the public charitable 
institutions of this state. 

Sec. 9. No officer, employee, or agent of the state child 
welfare bureau, shall directly or indirectly disclose the 
contents of the records herein provided for, or the particu¬ 
lars entered therein, or the facts learned about the 
children concerned, their parents or relatives except upon 


89 


inquiry before a court of record, at a coroners inquest, or 
for the information of the state department of public 
welfare, or the state board of control, or upon order of a 
court of record: Provided, that any person who has arrived 
at the age of majority and who believes himself to have 
been placed out by an agency reporting to the state child 
welfare bureau shall have the right to demand and receive 
from the state child welfare bureau such information as 
the bureau may have concerning his own parents or 
relatives. 

Sec. 10. Every person, acting for himself or for an 
agency, and every officer, agent or employee of the state 
who violates any of the provisions of this act, or who shall 
intentionally make any false statements or reports to the 
state child welfare bureau with reference to the matters 
contained herein, shall, upon conviction of the first of¬ 
fense, be guilty of a misdemeanor, and shall be punished 
by a fine of not less than ten dollars nor more than fifty 
dollars. A second or subsequent offense shall be punished 
by a fine of not less than ten nor more than one hundred 
dollars or by imprisonment in the county jail not less 
than ten days nor more than three months. 

Sec. 11. If any section or subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of 
this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, ^sen¬ 
tence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 

See. 12. That sections 5831, 5833, 5834, 5835, 5836 
and 5837 of the Revised Statutes of 1913 as amended by 
Division XI, article II, title VI, chapter 190 of the laws 
of 1919, (pages 789-790) and all acts and parts of acts in 
conflict with this act are hereby repealed. 


90 


I 


(C) Delinquent Children. 

BILL NO. 9. 

STATE INDUSTRIAL SCHOOL. 

(An amendatory act) 

Abstract of Changes. 

1. Repeals sections 7373 to 7378, which are obsolete, having 
been supplanted by the juvenile court law, and section 1259. 

2. Requires the state board of control to employ a field agent 
to investigate homes to which children are paroled and visit child¬ 
ren on parole, and to transfer this function to the state child wel¬ 
fare bureau whenever it is equipped to do the work. 

Cross references. 

In connection with this bill, see bills 1, 2, 4, 5 and 52, noting 
the provision for centralizing all child placing work of the state 
under the child welfare bureau. 

A BILL 

For an Act to harmonize and unify the statutes dealing 
with juvenile delinquents, to amend section 7379 of the 
Revised Statutes of 1913 relating to the State Indus¬ 
trial School at Ivearney, to repeal said original section 
7379 and to repeal sections 1259, 7373, 7374, 7375, 737G, 
7377 and 7378 of the Revised Statutes of 1913, relat¬ 
ing to the State Industrial School at Kearney. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 7379 of the Revised Statutes 
of 1913 he amended to read as follows: 

7379. Each boy committed to the school msde* the pee- 
vicious this eetiele shall remain there until he arrives 
at the age of twenty-one years, unless sooner paroled or 
legally discharged. The superintendent by and with the 
advice and consent of the board of control, shall adopt 
such by-laws for the promotion, paroling and final dis¬ 
charge of inmates as may be considered mutually benefi¬ 
cial for the institution and the inmates, and the board of 
control shall employ a field agent to investigate homes 
to which boys are to be paroled and regularly to visit 
those who have been paroled and to look after the moral 
and material welfare of all boys who have been inmates 
of the institution; Provided, that lohcncver the state 
child welfare bureau shall provide agents for the investi- 


91 




gation of such homes and the visitation of such paroled 
inmates, the hoard of control shall assign the work of 
investigating homes and visiting paroled inmates to the 
state child welfare bureau, which shall then act as the 
agent of the hoard of control. The discharge of any 
boy pursuant to said by-laws, or upon his arrival at the 
age of twenty-one, shall be to a complete release from 
fdl pemdtiee le ee r - p ed by the convi e tie e eh the of - hona e 
the judgment of the court by which he w r as committed. 

Sec. 2. That said original section 7379 and sections 
1259, 7373, 7374, 7375, 7376, 7377 and 7378 of the Re¬ 
vised Statutes of 1913 are hereby repealed. 


BILL NO. 10. 

GIRLS’ INDUSTRIAL SCHOOL. 

(An amendatory act) 

Abstract of Changes. 

1. Section 7385 amended by striking out all the present section, 
as being ambiguous and of no effect. 

2. The new section provides that girls committed to the state 
industrial school shall remain there until 21 years of age unless 
sooner paroled or discharged by the board of control, and provides 
for a field agent to investigate homes and visit girls on parole, and 
transfer of this function to the state child welfare bureau, when it 
is equipped to do the work. 

Cross references. 

See bills 4, 5, 8, 9 and 52, noting the centralization of all child 
placing work under the state child welfare bureau. 


A BILL 

For an Act to amend section 7385 of the Revised Statutes 
of 1913 relating to the Girls’ Industrial School and to 
repeal said original section. 


Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 7385 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 


7385. AH p ro e oodi e go , eorvi e o eh erdo r -e, 

n r\ An 1 1 o n f I r\ 1 + r\s*4- nli/vl L m o / I r\ .clvi /l a i i t 

ill tlL TTTTT TvTvTT TTTTTT rTTiTTiT U v." mu v i v cT II'l v ill 1 I v tf U l' 

m ft eee rdaneo w i th the eswisieee eh ar t i e k) Ah eh tkie 


92 








eh a p tor , mid the ftmondraonto thereto , wh l eh mdiele,, frogothe? 

X\T 1 1 ^ iL M/ 1 >yl 1. * ^ 3-^ \ I 1 4- i } I 1 l -I» r\ 4- r\ iT t» r\ J \ r\ 1 \ir vnu/l r\ TAil t » f_ 

Trmr Tl Tl 1 TTTTTT TTTT cTTTTK ' IirtTTTTvll I 'O TnrIv*TTTtTT7^ ttTTTr it l 1 l * 1:7T TTTTTTTTt I 17 

* vT_ ~f n i n it id in 1 / > «Vnil ' li I I A>attahii nil si aih ini av> 4- ri , ^ 4~ A-ndn t it 1 > / v 

v/T ttttttt trrnrTu iiiit.il b u ui± ^u \ v J 11 i11± i uiiiiii liii lull tb ' * 1 iui~rr irt \v 1 1 “ 

m^e fit sufejeets le* m* h t d a st - r - h d eeheel. Each girl commit¬ 
ted to the school shall remain there until she arrives at 
the age of tiventy-one years unless sooner paroled or 
legally discharged. The superintendent by and with the 
advice and consent of the board of control shall adopt 
such by-laws for the promotion, paroling and final dis¬ 
charge of inmates as many be considered mutually bene¬ 
ficial for the institution and the inmates, and the board 
of control shall employ a field agent to investigate homes 
to which girls are to be paroled and regularly to visit 
those who have been paroled and to look after the moral 
and material welfare of all girls who have been inmates 
of the institution; Provided, that whenever the state 
child welfare bureau shall provide agents for the investi¬ 
gation of such homes and the visitation of such paroled 
inmates, the board of control shall assign the work of 
investigating homes and visiting paroled inmates to the 
state child welfare bureau, which shall then act as the 
agent of the board of control. The discharge of any girl 
pursuant to said by-laws, or upon her arrival at the age 
of twenty-one, shall be a complete release from the 
judgment of the court by which she was committed. 

Sec. 2. That said original section 7385 of the Revised 
Statutes of 1913 is hereby repealed. 


BILL NO. 11. 

REFORMATORY FOR WOMEN. 

(An amendatory act) 

Abstract of Changes. 

1. Raises the minimum age at which girls may be committed 
to this institution from fifteen to eighteen years. 

2. Places the parole power definitely in the board of control, it 
having been in the “parole board,” the meaning of which is not 
clear. 

3. Provides for the examination of all inmates' by a clinical 
psychologist or psychiatrist, and requires that steps be taken for 
commitment of such as are found to be feeble-minded, to be per- 


93 










manently cared for either in this institution or the institution for the 
feeble-minded. 

4 Enlarges the authority for furnishing clothing, transportation 
and money to girls paroled or discharged. 

Cross references. 

See bills 1 and 2. 


A BILL 

For an Act to amend section 3 and section 7 of Chapter 
238 of the laws of 1919 ’relating to the state reforma¬ 
tory for women and to repeal said original sections. 

Be it Enacted by the People of the State of 'Nebraska: 

Section 1. That section 3 of Chapter 238 of the laws 
of 1919 be amended to read as follows: 

Sec. 3. A female of f i f teen eighteen years of age and 
upwards convicted by any court or magistrate of petit 
larceny, vagrancy, habitual drunkenness, of being a com¬ 
mon prostitute, or frequenting disorderly houses of pros¬ 
titution, or other misdemeanor and who is not insane, nor 
mentally or physically incapable of being benefited by the 
discipline of such institution may be sentenced and com¬ 
mitted to the ^fefemefen state reformatory for women, to 
be there confined under the provisions of law relating 
thereto. Any such female mny fee p m - el ed, fey tfee pmmle 
feemed nt nny time efetee fee* 1 e o n nn ltm e n t. Snefe eemmitmeef 
efeeli net fee made tee e de f in it e term feet may enefe fe ma l e 
may be paroled or discharged at any time after her com¬ 
mitment by the pmmle feeaed board of control : Provided 
no such female shall be paroled while afflicted with 
venereal disease; Provided further, that if at the expira¬ 
tion of her commitment, any female is still afflicted, in 
the opinion of the superintendent and physician of said 
state reformatory for women, with a venereal disease, then 
any such female shall be detained at said reformatory 
under such rules and regulations relating thereto as shall 
be adopted by the state department of health: Provided 
further, that the board of control shall provide for the 
mental and physical examination of every female cared 
for in such institution by a physician licensed to practice 
in the State of Nebraska and by a clinical psychologist 


94 








or a psychiatrist and upon the report of such examina¬ 
tion, if it shall appear to the said hoard of control that 
such female is feeble-minded or mentally defective and 
it is for the best interest of such female and for the wel¬ 
fare of society that such female shall be detained in an 
institution, then the superintendent of said reformatory 
shall file a petition in the county court of the county 
in which the reformatory is located asking for the com¬ 
mitment of said inmate as a feeble-minded person, to be 
confined at said reformatory or at the 'Nebraska institu¬ 
tion for feeble-minded, under such rules and regulations 
relating thereto as shall be adopted by said board) of 
control, or to be placed out on parole. 

See. 2. That section 7 of chapter 238 of the laws of 
1919 be amended to read as follows: 

Sec. 7. The go verning board of control state institu¬ 
tions may in their discr e t i o n shall furnish to each inmate 
who shall be discharged or paroled therefrom necessary 
clothing not ex c ee ding t we l ve dollars in value or if die- 
eharged between the 1st day of - do v om ber and the find 
day ef sbpril to the value of net exeeeding e ig ht een d ollar s, 
and ten dollars in money and a ticket for transportation 
from such institution to the plaee of convic tion of eoek 
inmate or to such other place as sueh in mate may designate 
of no greater distance from such institution than the 
place of conviction, as may be agreed upon by the super¬ 
intendent and the released inmate. 

Sec. 3. That said original sections 3 and 7 of chapter 
238 of the laws of 1919 are hereby repealed. 


(D) Courts and General Provisions. 

BILL NO. 12. 

JUVENILE COURT LAW. 

(This repeals the present juvenile court law and enacts new- pro¬ 
visions.) 

Abstract of Changes. 

1. It is made clear that the law provides for a juvenile court 
in every county (Sec. 1). 


95 








/ 


2. 'Concurrent jurisdiction over cas'es coming within the terms 
of this act is given to the district courts- and county couris of the 
state without restriction. The old law provides for concurrent 
jurisdiction, but prohibited the exercise of such jurisdiction by 
judges of the county court except in the absence of the judge of the 
district court from the county (Sec. 1). 

3. Provision is made for courts of domestic relations (provided 
for in bill 13) and the three courts named are given exclusive 
original jurisdiction of all cases covered by the act (Sec. 1). 

4. The law makes it clear who shall be the judge of the juven¬ 
ile court in each county Under the present law the judge of the 
district court is judge of the juvenile court when present in the 
county. At other times the county judge is judge of the juvenile 
court. Under the proposed law, in every county having a resident 
district judge, the district judge is the judge of the juvenile court. 
In other counties the county judge is the judge of the juvenile court 
(Sec. 2). 

5. Definite provisions are made for the juvenile court room and 

juvenile court record in all counties of the state. Provision is 

also made for a clerk of the juvenile court, for office stationery and 
equipment, and for a court reporter, by requiring the county or 

district court equipment to be used for the juvenile court. 

6. The juvenile court is given definite authority to try all cases 
relating to children and the family, specified under seven heads: 

The new provisions under this head are: 

All cases where children under eighteen years of age are 

charged with violation of the law (The present law permits the 
trial of children sixteen to eighteen years of age either in the 

juvenile court or other courts). 

Cases where adults contribute to the delinquency of a child (The 
present law does not make such provision, although the law relating 
to adults contributing to the delinquency of a child is compiled with 
the juvenile court law and the custom has been to try such cases 
in juvenile court). 

Cases of adults charged with a breach of the compulsory edu¬ 
cation laws, the child labor laws, and laws relating to the sale of 
tobacco and cigarettes (Sec. 3). 

7. Provisions are made for jury trial. 

8. Definition of dependent and neglected children changed so 
as to differentiate between the two classes (Sections 6 and 7). 

9 No petitions are to be filed in juvenile court, w r here there is 
a salaried probation officer, until after five days have been allowed 
for investigations, in order to promote the settlement of such cases 
out of court (Sec. 9). 

10. Provisions for summons and service of notice simplified. 

11. Provision is made for the examination of children by per¬ 
sons trained in mental diagnosis (Sec. 11) (See bill 1). 

12. The provisions for the disposition of children after hearings 
have been clarified making a distinction between dependent and 
delinquent children, and prohibiting sending of a child not a de¬ 
linquent to an industrial school. 

13. A clear distinction is made between temporary and per¬ 
manent commitments (Sec. 14). 

14. The provision for voluntary relinquishment of children to 
child-placing organizations is changed to correspond with the 
changes proposed in bill 8 (Sec. 15). 

15. The new law having included within its jurisdiction all cases 
where children under eighteen are charged with a crime, provision 
is made that the judge may, in his discretion, transfer such case 


96 




\ 


of a child sixteen to eighteen years of age to another court to he 
tried in the same manner as adults are tried (Sec. 16). 

16. Amendments are made to the section prohibiting and re¬ 
stricting the confinement of children in jails or in places where 
adults are confined (Sec. 17). 

17. The salary of probation officers in counties having a popu¬ 
lation of 50,000 to 100,000 is raised from $1,200 to $2,000 per annum 
(Sec. 18). 

18. Probation officers are required to investigate all cases before 
trial (Sec. 19). 

19. Provision is made for special volunteer probation officers 
for particular cases (Sec. 20). 

20. Provision is made that the state child welfare bureau shall 
supervise probation officers in the keeping of records and placing of 
children (Sec. 21). 

21. The public may be excluded from trials where no objection 
is made by the defendant, and juvenile court records are pro¬ 
tected from publicity (Sec. 22). 

22. Evidence produced in a juvenile court trial shall not be used 
against a child in any other court (Sec. 28). 

23. No costs are to be charged in juvenile cases (Sec. 24). 

24. The provision for detention homes is amended to provide 
for joint action by two or more counties and providing that any 
county may make temporary provision for the care of children in 
private homes (Sec. 26). 

25. Provisions for appeal are made more definite (Sec. 27). 

References. 

Courts in the United States Hearing Children’s Cases, Child¬ 
ren’s Bureau, Washington, D. C. 1920. 116 p. 

Twelfth Annual Report. New York State Probation Commission. 
Albany, N. Y. 1919. 

Massachusetts. Commission on Probation. Boston. 1919. 

National Conference Social Work; 191S. pp. 39-40. 1920, pp. 104- 
111, 154-59. 169-75. 

Cross references. 

In connection with this bill, see bills 1, 4, 5, 6, 7, 9, 10, 13, 14, 
15, 45, 48, 52 and 53. 


A BILL 

For an Act to designate certain courts as “Juvenile 
Courts,” to define their jurisdiction and powers* to de¬ 
fine and regulate the treatment of dependent, neglected 
and delinquent children, to repeal sections 1244, 1245, 
1247, 1248, 1250, 1251, 1252, 1253, 1254, 1255, 1250, 
1258, 1250, 1260, 1261, 1262, and 1264 of the Revised 
Statutes of 1913, to repeal section 1246 of the Revised 
Statutes of 1013, as amended by chapter 116 of the 
laws of 1010 and section 1240 of the Revised Statutes 
of 1013 as amended by chapter 24 of the laws of 1015 
as amended by chapter 24 of the laws of 1017 as 
amended by chapter 117 of the laws of 1010, and sec- 


97 


tion 1257 of tlie Revised Statutes of 1913 as amended 
by chapter 11 of the laws of 1919 and section 1 of 
chapter 200 of the laws of 1919, and to repeal all acts 
and parts of acts in conflict with this act. 

Be it Enacted by the People of the State of Nebraska : 

Section 1. For convenience of designation and for the 
purpose of bringing together in one court in each county 
the adjudication of all matters pertaining to children, * 
there is hereby created in each county of this state what 
may be called the “Juvenile Court.” 

The district courts of the several counties in this state, 
and the judges thereof in vacation shall have original 
jurisdiction in all cases coming within the terms of this 
act. The county court in each county shall have concur¬ 
rent jurisdiction with the district court in all cases com¬ 
ing within the terms of this act. Where a proceeding 
has been instituted under this act before any county 
court the jurisdiction of that court over such proceed¬ 
ings shall continue until the final disposition: Provided 
that appeal may be taken to the district court in the same 
manner as is now provided by law in other similar cases, 
the district and county courts and courts of domestic 
relations, where organized, shall have exclusive original 
jurisdiction in all cases coming within the terms of this 
act. 

Sec. 2. In counties where there are two or more dis¬ 
trict judges residing therein and where a court of do¬ 
mestic relations has not been established by law, the 
judges of the district court, on being inducted into office, 
shall select one of their number to preside over the 
juvenile court. The judge so selected shall serve through¬ 
out his term, unless the judges choose, in the same man¬ 
ner as the original selection was made, another of their 
number so to act. In counties where there is only one 
district judge residing therein, he shall serve as the judge 
of the juvenile court. In counties having no resident 
district judge, the judge of the county court shall serve 
as the judge of the juvenile court. The judge of the 
juvenile court shall have jurisdiction to hear all cases 


98 


arising under the provisions of this act and shall give 
precedence thereto. A special court room to he desig¬ 
nated as the “juvenile court room” shall be provided, if 
practicable, for the hearing of cases arising under the 
provisions of this act. The findings and judgment of the 
court in such cases shall be entered in a book or books 
kept especially for the purpose, one of which shall be 
known as the “juvenile record.” The clerk of the dis¬ 
trict court and his assistants in counties having a resi¬ 
dent district judge or judges shall serve in the same 
capacity for the juvenile court, and the officers, stationery 
and equipment of the district court shall be used by the 
juvenile court, and the court reporter of the district 
judge presiding over the juvenile court shall serve as 
court reporter for the juvenile court. In all other coun¬ 
ties of the state tha clerk of the county court shall serve 
in the same capacity for the juvenile court and the offices, 
stationery and equipment of the county court shall be 
used by the juvenile court. 

Sec. 3. The juvenile court as herein defined, shall 
have exclusive original jurisdiction in the following 
cases: 

1. In all cases concerning dependent, neglected and 
delinquent children under eighteen years of age. 

2. In all cases where children under the age of eigh¬ 
teen years are charged with the violation of any law. 

3. In all cases where an adult is charged with con¬ 
tributing to the delinquency or dependency or neglect of 
any child. 

4. In all cases involving a breach of the compulsory 
education laws. 

5. In all cases involving a breach of the child labor 
laws. 

6. In all cases involving a breach of the laws relating 
to the sale of tobacco or cigarettes or cigarette materials 
to minors or the use of tobacco or cigarettes by minors. 

7. In all cases relating to the granting of pensions 
or allowances to mothers of dependent children. 

In the exercise of its jurisdiction the juvenile court 
shall have full chancery powers: 

99 


Sec. 4. The purpose in fixing the jurisdiction of the 
juvenile court as provided in the three preceding sec¬ 
tions is to give that court, in each county, jurisdiction 
to hear all cases relating to children and the family, 
so far as if can lie done under the constitution. This is 
done in order that cases relating to family and child wel¬ 
fare may be centralized in one court and handled by a 
judge who is familiar with all phases of the cases, which 
are usually much interrelated. That judge can then act 
more intelligently in counselling with parents who appear 
before him or who may seek his advice. 

Sec. 5. In all cases within the terms of this act where 
the statutes provide for a preliminary hearing or a trial 
before a magistrate, such preliminary hearing or trial 
shall hereafter be conducted by the juvenile court. In all 
cases under section 2 of this act where the accused person 
is entitled to a trial by jury and where the right to a 
trial by jury is not waived by the defendant, the court 
shall provide for the immediate trial of such case by a 
jury if a jury is then in attendance, and if no jury is in 
attendance the judge shall set down the case for trial at 
the earliest possible date when the jury will be in attend¬ 
ance; but in any case the judge of the juvenile court shall 
proceed to try the case without a jury except where a 
crime is charged which was an offense under the com¬ 
mon or statute law at the time that the constitution of 
the State of Nebraska was adopted. 

Sec. 0. For the purpose of this act the term “depend¬ 
ent child” shall mean a child under eighteen years of 
age whose parents, for good cause, desire to be relieved 
of his care and custody; or who is without a parent 
or lawful guardian able to provide adequately for his 
support, training and education, and who is unable to 
maintain himself by lawful employment, except such 
children as are herein defined as “neglected” or “de¬ 
linquent.” 

Sec. 7. The term “neglected child” shall mean a child 
under eighteen years of age who is abandoned by both 
parents, or, if one parent is dead, by the survivor, or by 


100 


his guardian; or who is found living with vicious or 
disreputable persons, or is found begging, or whose home, 
by reason of improvidence, neglect, cruelty, or depravity 
on the part, of parents, guardian or other person in whose 
care he may be, is an unfit place for such child; or whose 
parents or guardian neglect and refuse, when able to do 
so, to provide medical, surgical or other remedial care 
necessary for his health or well-being; or when such child 
is so defective in mind as to require the custodial care 
and training of an institution for the feeble-minded, 
whose parents or guardian neglect and refuse to make ap¬ 
plication for his admission to such institution, or who, 
being under the age of twelve years, is found repeatedly 
peddling or selling any article, or singing or playing any 
musical instrument upon the street for gain, or giving any 
public entertainment, or who accompanies or is used in 
aid of any person so doing. 

Sec. 8. The words “delinquent child” shall include 
any child under the age of eighteen years who violates 
any law of this state, or any city or village ordinance, 
or who is incorrigible, or who knowingly associates with 
thieves, vicious or immoral persons, or who is growing 
up in idleness or crime, or who knowingly patronizes or 
visits a house of ill repute, policy shop, bucket shop, 
or place where any gambling device is or shall be 
operated, or who patronizes or visits any public pool room 
or billiard hall, or who wanders about the streets in the 
night time without being on any lawful business or oc¬ 
cupation, or who habitually wanders about any railroad 
yard or tracks, or jumps or “hooks” on to a moving train, 
street car, or automobile, or who enters any car or engine 
without authority, or who is an habitual truant, or who 
habitually uses vile, obscene, vulgar, profane or indecent 
language, or is guilty of immoral conduct. 

See. 9. Any reputable person being a resident of the 
county, or an officer of the State of Nebraska charged 
with the duty of enforcing the child welfare laws of 
the state, having knowledge of a child in any county 
who appears to be either dependent, neglected or de- 


101 


linquent may file with the clerk of the court having 
jurisdiction in the matter, a petition, in writing, setting 
forth the facts verified by affidavit, and it shall be suffi¬ 
cient that the affidavit is upon information and belief; 
Provided, that in counties where there is a salaried pro¬ 
bation officer, the clerk shall refer all petitions offered 
for filing by persons other than a probation officer, or 
officer of the state, to such salaried probation officer for 
his approval, and no petition shall be filed without his 
approval until five days is given him in which to in¬ 
vestigate the facts stated in the petition. 

Sec. 10. If the child resides with, or is in the charge, 
custody or control of, its parent or parents, guardian, rela¬ 
tive or other person in the county wherein the court in 
which the petition is filed is held, and if the summons 
may be served upon the person having such charge, 
custody or control, it shall issue out of such court, and 
shall be served upon that person, requiring him to appear 
with the child at a place and time stated in such sum¬ 
mons, which shall be not less than twenty-four hours 
after service: Provided, that the person having the charge, 
custody or control of the child may voluntarily appear 
with the child and waive issuance and service of sum¬ 
mons, and consent to a hearing of the matter at a time 
less than twenty-four hours from time of service. 

If the child be found in the county where such court 
is setting, and his residence, or the residence of the 
person entitled to his custody or control is in some 
other county of this sate, or is in another state, the 
court; may upon the filing of such petition assume juris¬ 
diction of such child, order him forthwith taken into 
custody by a probation officer, or some other peace of¬ 
ficer, and cause the child forthwith to be brought before 
the court without summons or notice to anyone; or the 
court may, if deemed practicable, cause notice to be given 
or communicated to the person entitled to the custody 
of the child, bv mail, telegraph, telephone, or otherwise 
as the court may direct, stating the fact that such child 
has been taken into .custody and the reason therefor, and 


102 


the time and place of hearing, allowing such reasonable 
time between the time of giving such notice and the 
time of hearing as the court shall fix. If the domicile 
of the child, or of its custodian is in some other county 
of this state, the court may, in its discretion, return the 
child to its legal custodian or transfer the matter to the 
juvenile court of the county of the residence of such 
legal custodian, there to be dealt with as the interest 
of such child may require. 

The court may in any case appoint some suitable per¬ 
son to act in behalf of the child. 

If any person summoned as herein provided shall with¬ 
out a reasonable cause fail to appear and bring such 
child before the court, or shall fail to abide the orders 
of the court, lie may be proceeded against as for contempt 
of court. In case the summons cannot be served, or the 
parties served fail to obey the same, and in any case 
when it shall be made to appear to the court that such 
summons will be ineffectual, a warrant may issue on the 
order of the court, either against the parent or guardian 
or the person having custody of the child, or with whom 
the child may lie, or against the child itself. 

On the return of the summons or other process, or as 
soon thereafter as may be, the court shall proceed to hear 
and dispose of the case in a summary manner. Pending 
the final disposition of any case the child may be retained 
in the possession of the person having charge of him, 
or kept in some suitable place provided by the city or 
county authorities, or given to any proper and accredited 
charitable institution. 

Sec. 11. For the purpose of determining its mental 
and physical condition, the court may require such 
child to be examined by a licensed physician and by a 
psychologist or psychiatrist who is qualified to make 
mental tests, or who is trained in mental pathology. In 
every case where a child appears to be mentally de¬ 
fective, the court shall require such examinations to be 
made by a trained clinical psychologist or by a psychi¬ 
atrist when it is possible to secure such services: Pro* 


103 


vided, tliat whenever the state shall establish a bureau of 
juvenile research, or shall employ a state psychologist 
or psychiatrist for the purpose of making such examina¬ 
tions of children brought before the courts, such services 
shall lie rendered free to the courts of the state and the 
courts shall accept the services of such experts furnished 
by the state whenever such services are available, and 
the county shall not be required to pay for such service 
In all other cases where an expert is employed and he 
makes an examination, the court shall tax a reasonable 
fee which shall be paid by the county. 

Sec. 12. When any such child shall be found to be 
dependent or neglected the court may make an order 
committing the child to the care and custody of some 
suitable state or county institution as provided by law, 
or to the care and custody of the state board of control, 
or of some incorporated association willing to receive 
it, embracing in its objects the caring for or obtaining 
homes for dependent or neglected children; or the court 
may make a temporary disposition of such case by placing 
such child in a hospital or other institution for special 
care or treatment, or in the care of a probation officer, or 
of some suitable person or institution, for such period of 
time as the court shall see fit, not to exceed three months 
at one time, nor exceeding a total of one year. If it shall 
appear to the court during such period that the condi¬ 
tions which caused such child to be dependent or neg¬ 
lected have ceased to exist, and that it will be for the 
best interests of the child to be returned to the parent 
or person from whom he was taken, the court may re¬ 
lease such child to the care and custody of such parent 
or other person. 

During such period the court may provide for the 
reasonable expense of the maintenance of such child, 
such expense to be definitely fixed by order of the court 
and to be paid by the county; but the court may require 
any person who is before the court and who is legally 
liable for such support to pay in the first instance or to 
refund to the county all or any part of such cost of 
maintenance. 


104 


See. 13. When any such child shall be found de¬ 
linquent the court may by order place the child on pro¬ 
bation in the care of a probation officer, allowing him to 
remain in his own home, subject to the visitation of such 
probation officer, such child to report to that officer as 
often as required, and to be returned to the court for 
further proceedings whenever such action may to the 
court appear necessary; or cause the child to be placed in 
a suitable family home or institution, subject to the 
friendly supervision of a probation officer and to the 
further order of the court; or authorize a probation officer 
to board out the child in some suitable family home, 
if provision is made by voluntary contribution or other¬ 
wise for the payment of such board, until a suitable pro¬ 
vision may be made for the child in a home without 
such payment; or if the child is oven ten years of age 
and under eighteen, commit the child to an industrial 
school; or commit the child to the care and custody 
of the state board of control or some person or* some 
association or institution that will receive it, embracing 
in its objects the care of delinquent children. 

Sec. 14. In any case where the court shall find that a 
child should he permanently removed from the custody of 
its parents, or should be placed in an institution for tem¬ 
porary or permanent care, the court shall commit such 
child to the care of the state board of control or to an 
appropriate state or county institution, or to a suitable 
private child-caring agency, society or institution duly 
and properly certified as provided by Jaw. Such com¬ 
mitments of the court shall be of two kinds, temporary 
and permanent, and each order of commitment shall de¬ 
finitely specify whether the commitment is temporary or 
permanent. 

Temporary commitment shall be made when the court 
for good and sufficient reasons decides that final ad¬ 
judication of the case must be delayed, or that the child 
can reasonably be expected soon to return to ordinary 
home conditions in its own family; and under such 
order the child may be recalled by the court for further 
action at any time. 


105 


Permanent commitments of dependent, neglected or 
delinquent children shall include and bear with them 
the permanent care and control of the persons of such 
children; and the state or county officials or other per¬ 
sons charged with the control and management of the 
public institutions to which the commitments are made, 
or the responsible trustees, managers, or officers of the 
private agencies, societies, or institutions to which the 
children are thus assigned, shall be accountable for the 
personal welfare, guidance and supervision of such wards 
until they are 21 years of age, or until they are other¬ 
wise disposed of by subsequent order of court. 

Such board, association or individual shall have au¬ 
thority to place such a child in a family home with or 
without indenture, and with the assent of the court, may 
be made parties to any proceeding for the legal adoption 
of the child, anl may by attorney or legal agent appear 
in any court where such proceedings are pending and 
assent to such adoption; and such assent shall be suffi¬ 
cient to authorize the court to enter the proper order 
or decree of adoption. Any association or individual 
receiving the care or custody of any such child, shall be 
subject to visitation or inspection by the state child 
welfare bureau, or by any probation officer, or other 
person appointed by the court for such purpose, and the 
court may at any time require from such association or 
person a report containing such information as the 
judge shall deem proper, or necessary to be fully ad¬ 
vised as to the care, maintenance, moral and physical 
training of the child, as well as the standing and ability 
of such association or individual to care for such child. 

Sec. 15. It shall be lawful for the parents, or guardian 
of any child of the age of three months or over to enter 
into an agreement with any association or institution 
incorporated under the law of this or any other state, 
and having a license in force from the State of Nebraska, 
for the purpose of aiding, caring for,, or placing 
children in homes, such agreement to provide for the sur¬ 
render of such child to such association or institution, 


to be taken and cared for by such association or insti¬ 
tution, or put .into a family home. Such agreement 
may contain any and all proper stipulations to that end, 
and may authorize the association or institution by its 
attorney or agent to appear ini any proceeding for the 
legal adoption of such child, and consent to its adoption; 
and the order of the court, made upon such consent, shall 
be binding upon the child and its parents or guardian, 
the same as if such person were personally in court and 
consented thereto, whether made party to the proceeding 
or not. 

Sec. 16. When a child under the age of eighteen years 
is arrested with or without warrant, such child instead 
of being taken before a justice of the peace or police 
magistrate, may be taken directly before the juvenile 
court; or if the child is taken before a justice of the 
peace or police magistrate, it shall be the duty of such 
justice of the peace or police magistrate to transfer the 
case to such juvenile court, and of the officer in charge to 
take the child before that court. In any case the court 
may proceed to hear and dispose of the case in the same 
manner as if the child had been, brought before the court 
upon petition or affidavit as herein provided. The court 
shall require notice to be given and investigation to be 
made as in other cases under this act, and may adjourn 
the hearing from time to time for that purpose. When¬ 
ever a minor sixteen years of age and under eighteen 
years of age, charged with a crime punishable by im¬ 
prisonment in the penitentiary, is brought before a juven¬ 
ile court, the judge, after investigation but before any 
hearing has been had, may certify the case to the ap¬ 
propriate court to be tried as the case would be tried if 
the accused were an adult. 

Sec. 17 No court or magistrate shall commit a child 
under fourteen years of age to a jail or police station or 
any place where adult prisoners are confined, but he 
may be committed to the care of the sheriff, police officer 
or probation officer or other suitable person as the court 
or magistrate shall direct, who shall keep such child 


107 


im some suitable place provided 'by the city or county out¬ 
side of the enclosure of any jail or police station. When 
any child who is fourteen and under the age of eighteen 
years shall be arrested or sentenced, it shall he unlawful 
to confine such child in the same building with such 
adult prisoners unless such child is kept in a separate 
department of such place of confinement and not allowed 
to come in contact with adult prisoners. 

Sec. 18. In counties having a district judge or judges 
residing therein, the judge of the district court having 
charge of the juvenile docket, and in other counties 
the county judge, shall have authority to appoint two or 
more persons of good character, interested and trained 
in handling children, one of whom shall be a woman, to 
serve as probation officers during the pleasure of the 
court: Provided, that when a court of domestic relations 
shall be established in any county, the judge of that 
court shall appoint such probation officers for that 
county. Such officers shall perform the duties prescribed 
in this act for probation officers and such other duties 
as may be required by the judge of the juvenile court or 
the court of domestic relations, and such officers shall 
receive no compensation from the county except as herein 
provided. In counties having a population of more than 
fifty thousand, three probation officers, one of whom shall 
be designated as chief juvenile probation officer, shall be 
paid as other salaried county officers are paid. In coun¬ 
ties having more than fifty thousand and less than one 
hundred thousand inhabitants, the chief juvenile proba¬ 
tion officer shall receive a salary of $2,000 per annum, 
and two others to be designated assistant juvenile pro¬ 
bation officers, $1,200 per annum, and shall be paid as 
other county officers are paid. In counties having bver 
one hundred thousand inhabitants, the chief juvenile 
probation officer shall receive a salary of $2,200 per 
annum, and there shall be three assistant juvenile pro¬ 
bation officers, two of whom shall be women who shall 
receive salaries of $125 per month. They -shall be paid 
as other salaried officers are paid. 


108 


Sec. 19. Upon the tiling with the court of a sworn 
petition setting forth upon knowledge or upon informa¬ 
tion and belief, the facts showing that any child resident 
in said county is a delinquent, dependent or neglected 
child within the meaning of this act, the clerk of the 
court shall, if practicable, give notice thereof to a duly 
appointed probation officer. It shall be his duty upon 
receiving such notice immediately to make a full investi¬ 
gation of the parentage and environment of the child 
and of all the facts and circumstances of the case; to re¬ 
port to the said court in writing, and to be present in 
court to represent the interests of the child when the 
case is heard. The county board shall provide for the 
payment of actual expenses of the juvenile probation of¬ 
ficers incurred in the performance of their duties pre¬ 
scribed by the court or under its order or direction. 

Sec. 20. The court may appoint as special probation 
officers one or more persons who are willing to serve 
without compensation during the pleasure of the court. 
Any probation officer so appointed shall become 
thoroughly conversant with the environment of the child 
for whom he is appointed; be ready to report upon the 
child’s progress at any time; and file with the chief pro¬ 
bation officer or the court at least monthly, or at such 
other times as may be required, written, particularized 
reports in regard to the case. 

Sec. 21. The probation officers provided for in this act 
shall keep such records as are required by the court and 
by the state child welfare bureau. In the keeping of 
such records, and in the work of placing out children in 
family homes, the probation officer shall be subject to 
the same supervision by the state child welfare bureau 
as are associations incorporated for the purpose of re¬ 
ceiving and caring for dependent children. The family 
homes in which children are so placed shall be subject 
to visitation and shall make such reports as are required 
by the bureau or by the court. 

Sec. 22. Upon the trial or hearing of cases arising 
under this act the court may exclude the general public 


109 


from the room wherein snch trial or hearing* is had, ad¬ 
mitting only such persons as may have a direct interest 
in the case, witnesses, officers of the court and accredited 
persons interested in the study of social conditions: Pro¬ 
vided, that where a crime is charged no person shall be 
excluded from the court room whose presence is requested 
by the defendant. The records of all cases may be with¬ 
held from indiscriminate public inspection at the dis¬ 
cretion of the court; but such records shall at all times be 
open to the inspection of any child to whom they relate, 
and to his parents or guardian. For the purpose of this 
section the records of juvenile probation officers and 
county detention homes shall be deemed records of the 
court. 

Sec. 23. Any disposition of the case of a child dealt 
with for delinquency under this act, or any evidence given 
in such cause, or the statements of such child to the judge 
or probation officer shall not in any civil, criminal or 
other cause or proceeding whatever, in any court, be 
lawful or proper evidence against such child for any 
purpose ; provided, however, that nothing in this section 
shall be construed to relate to subsequent proceedings 
in a juvenile court. 

Sec. 24. No costs shall be taxed in any case to de¬ 
termine the dependency, neglect or delinquency of any 
child. 

Sec. 25. The court in committing children under the 
provisions of this act, shall place them as far as prac¬ 
ticable in the care and custody of some individual hold¬ 
ing the same religious belief, or with some association 
which is controlled by persons of the same religious faith 
as the parents of the said child. 

Sec. 2(i. The several boards of the counties of Ne¬ 
braska shall have the power and authority to appropriate 
the funds necessary to establish and maintain detention 
homes in connection with the juvenile courts of this 
state, and two or more counties may join in the estab¬ 
lishment and maintenance of such detention homes. In 
counties where no detention home is maintained either 


no 


by the county alone or jointly with one or more other 
counties the county boards shall provide funds for board¬ 
ing in proper family homes such children as the judge 
of the juvenile court may order so boarded. 

Sec. 27. In the trial of any case under the provisions 
of this act appeal may be had as provided by law in 
civil and criminal cases, respectively, from courts of the 
class or grade of the court which is trying the case as 
juvenile or domestic relations court. No appeal shall be 
had from the district or domestic relations court acting 
as juvenile court unless before the trial one of the parties 
shall have given notice that such appeal may be de¬ 
manded and shall request that the testimony of witnesses 
be taken in writing. When such request is made the 
judge shall require the court reporter to take down in 
shorthand the testimony of all witnesses. When an ap¬ 
peal is taken the findings and judgment in a juvenile 
court matter shall stand pending the appeal; but the 
court may in its discretion, stay said judgment when 
the case of a child is involved upon the giving of a suit¬ 
able bond for the care and maintenance of said child 
in wholesome and proper surrounding to be approved 
by the court, 

Ree. 28. This act shall be liberally construed to the 
end that its purpose may be carried out, to-wit: That 
the care, custody and discipline of a dependent, neglected 
or delinquent child shall approximate, as nearly as may 
be, that which should be given by its parents, and in all 
cases where it can be properly done, the child shall be 
placed in an approved family home and become a mem¬ 
ber of the family by legal adoption or otherwise; and 
that so far as possible the family home shall be main¬ 
tained, and parents guided and assisted in the manage¬ 
ment and care of their own children. 

See. 29. If any section or subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions 
of this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, sent* 


ill 


ence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses or phrases is declared unconstitutional. 


Sec. 30. That said original sections 1244, 1245, 1247, 
1248, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1258, 1250, 
1260, 1261, 1262, and 1264 of the Revised Statutes of 1913 
and section 1246 of the Revised Statutes of 1913 as amend¬ 


ed by chapter 116, of the laws of 1019, and section 1249 
of the Revised Statutes of 1913, as amended by chapter 24 
of the laws of 1915 as amended by chapter 24 of the laws 
of 1917 as amended by chapter 117 of the laws of 1919, 
and section 1257 of the Revised Statutes of 1913 as amend¬ 
ed by chapter 11 of the laws of 1919, and section 1 of 
chapter 206 of the laws of 1919, and all acts and parts of 
acts in conflict with this act are hereby repealed. 


BILL NO. 13. 

COURTS OF DOMESTIC RELATIONS. 
fA new and independent act.) 

Abstract of the bill. 

1. Courts of domestic relations to be established in Lancaster 
and Douglas counties, to be presided over by judges specially elected 
for such courts (Sec. 1 and 2). 

2. Such courts to have jurisdiction over all matters included 
within the jurisdiction of the juvenile court and also over cases 

' of divorce and alimony, to compel the support of a wife or minor 
children by a husband and in filiation proceedings (Sec. 3). 

3. Preliminary hearings in such cases to be had in domestic re¬ 
lations court (Sec. 4). 

4. Such courts given concurrent jurisdiction with the county 
and district court, the purpose of the act being to provide for the 
trial of all cases involving children and the family in the court of 
domestic relations (Sec. 5). 

5. Provisions are made for jury trials in cases a crime 
is charged which was an offense under the common or statute law 
when the constitution of Nebraska was adopted (Sec. 6). 

6. Provision made for co-operaticn between these courts and the 
district courts of the county. 

7. Provision made for execution of writs and processes by 
county sheriff (Sec. 8). 

8. Rules and procedure of the court of domestic relations pre¬ 
scribed (Sec. 9, 10 and 11). 

9. The clerk of the district court to serve for the court of 
domestic relations (Sec. 12). 

10. A special court reporter to be appointed and provision to 
be made for court room, office help and equipment (Sec. 13, 34, 15 
and 16). 


112 



References. 

The statutes of Ohio and Michigan providing for courts of 
domestic relations have been used as the basis for this proposed 
law. 

Michigan, Senate Bill 65. House Bills 147, 226, Legislature of 
1912. 

Court of Hope and Good Will, Am. Mag. 77:24-48 Jan. 1914. 

National Conference, Charities and Corrections, Proceedings 
1914:26-33, 123-29. 

A BILL 

For an Act to provide for and establish a Court of Do¬ 
mestic Relations in each county of this state having a 
population of upwards of fifty thousand, which shall 
be a court of record; to define its organization, powers, 
and jurisdiction, and to repeal all acts and parts of 
acts in conflict with this act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. There shall be established in each county 
of this state which now has or at any time in the future 
shall have a population of upwards of fifty thousand, 
according to the last preceding United States census, a 
Court of Domestic Relations, which shall be a court of 
record, having one judge. The qualifications, length of 
term of office, method of nomination and election, and 
salary including time and manner of payment thereof, 
shall be the same as those of the judges of* the district 
courts of the state. 

Sec. 2. At the general election in 1922 and every four 
years thereafter the qualified electors of the counties 
coming within the provision of this act as to population 
shall elect a judge of the court of domestic relations 
in each of said counties, and his term of office shall begin 
on the first Thursday after the first Tuesday of January 
following his election. 

Sec. 3. The court of domestic relations shall have 
concurrent jurisdiction with the district and county 
courts in all matters over which the juvenile court is 
given jurisdiction. The court of domestic relations stall 
also have concurrent jurisdiction with the district court 
in the following classes of cases: (1) divorce and alimony 


113 


and for the annulment of marriage; (2) to compel the 
support of wife or minor child by the husband or father; 
(3) in prosecution of the husband or father for the de¬ 
sertion or abandonment of wife or minor child; and ( 1) 
in filiation proceedings. In the exercise of its jurisdic¬ 
tion the court of domestic relations shall have full chan¬ 
cery powers. 

Sec. 4. In all cases within the terms of this act where 
the statutes of the state provide for a preliminary hear¬ 
ing or trial before a justice of the peace or before a 
magistrate the court of domestic relations shall have 
concurrent jurisdiction to conduct such preliminary 
hearing or trial. The provisions of law relating to such 
preliminary hearings in justice courts shall apply to 
similar preliminary hearings or trials in a court of do¬ 
mestic relations, and when the accused is bound over for 
trial his case shall be retained for hearing in that court. 
When a preliminary hearing is held before a justice of 
the peace, county judge or any magistrate in any case 
coming within the terms of this act and the defendant is 
bound over he shall be bound over to the court of domestic 
relations if there be one in the same county. 

Sec. 5. The purpose in fixing the jurisdiction of the 
court of domestic relations as provided in the two pre¬ 
ceding sections is to give that court, in counties where 
established, jurisdiction to hear all cases relating to 
children and the family so far as it can be done under the 
constitution. This is done in order that cases relating 
to the family and child welfare may be centralized in 
one court and handled by a judge who is familiar with 
all phases of the cases which are usually much inter¬ 
related. That judge can then act more intelligently in 
counselling with persons seeking his advice concerning 
domestic troubles with a view to a reconciliation and 
adjustment without proceeding in court; to the end that 
the family and the home may be preserved and main¬ 
tained. 

Sec. 6. In all cases where the defendant is entitled to 
a trial by jury and where that right is not waived by 

114 


him tlie court of domestic relations shall provide for the 
immediate trial of such case if the jury is then in attend¬ 
ance; and if no jury is in attendance the judge shall set 
down the case for trial at the earliest possible date 
when a jury will be available. In any case the court 
of domestic relations shall proceed to trial without a 
jury except where a crime is charged which was an of¬ 
fense under the common or statute law at the time the 
constitution of the state was adopted. In all cases 
where a jury is required the jurors serving in the dis¬ 
trict court shall also serve in the court of domestic rela¬ 
tions and the method of impaneling juries and the man¬ 
ner of trial by jury shall be the same in the court of do¬ 
mestic relations as is provided by law or custom for 
trials in the district court. Whenever in the judgment 
of the judge thereof a jury is needed in a court of do¬ 
mestic relations and no jury available for such service 
is then in attendance upon the district court the clerk of 
the district court acting as clerk of the court of domestic 
relations shall proceed to draw a panel of thirty jurors 
in the same manner as jurors are now drawn for service 
in the district court, except such drawing shall be in the 
presence of the judge of the court of domestic relations, 
and such jurors shall be drawn to serve the same time, 
and under the same conditions as do jurors in the district 
court. 

Sec. 7. The court of domestic relations shall have 
power to issue all lawful writs and processes and to do 
all acts which may be necessary and proper to carry into 
effect the powers and jurisdiction given by this act. At 
the request of the judge of the court of domestic rela¬ 
tions or in his absence from the county or during his 
disability on account of sickness or any legal disquali¬ 
fication, any judge of the district court of which said 
county is a part may act as the judge of the court of do¬ 
mestic relations. A judge of a court of domestic relations 
may act as a judge.of a district court in any district in 
the state when requested by the judge of that district 
or upon being assigned thereto by the supreme court. 


115 


Sec. 8. It shall be the duty of the sheriff of the county 
to serve all writs and processes issued by any court of 
domestic relations which are to said sheriff directed, and 
to make due return of the same. For any neglect or refusal 
to do his duty in this regard a sheriff may be proceeded 
against in the court of domestic relations as he can now 
be proceeded against for neglect or refusal to execute or 
serve processes issued out of the district court. However, 
any summons or processes issued in a case coming within 
the jurisdiction of the juvenile court may be directed to 
any salaried probation officer of that court in the dis¬ 
cretion of the judge thereof. 

Sec. 9. In all civil actions in the court of domestic 
relations the provisions of the civil code relating to the 
district court shall apply for the commencement of such 
actions, for service and return of summons, for dismissal 
of actions, for joinder of actions, instructions to jury, 
and generally in regard to pleadings and motions, except 
where the provisions of a particular law require other 
or different proceedings. 

Section 10. The rules of practice and procedure now 
applying in any district court of the county where a do¬ 
mestic relations court is established shall apply in that 
court so far as applicable in the absence of other and 
specific rules covering any particular point promulgated 
expressly for the latter court. 

*Sec. 11. In all cases where the judge of the court of 
domestic relations holds the preliminary proceedings and 
orders the defendant bound over the present statute re¬ 
lating to such cases in a court of justice of the peace 
shall apply. Appeals from a decision of a court of do¬ 
mestic relations to the supreme court of the state are 
expressly allowed except as modified in this act, and 
the procedure in such appeals shall be governed by the 
law covering appeals from similar cases in the district 
court. The court of domestic relations shall be always 
open for business except on Sundays.and legal holidays; 
but for the purpose of appeals only the time of adjourn¬ 
ment of the district court of the same county shall be 


116 


accepted as the date of the adjournment of the court of 
domestic relations. 

►Sec. 12. The clerk of the district court shall be the 
clerk of the court of domestic relations of the same county 
and shall keep a full and complete record of the proceed¬ 
ings of that court in the same manner as similar records 
are kept for the district court. Where the needs of the 
business demand, said clerk is hereby authorized to ap¬ 
point a deputy expressly to do the work of the court of 
domestic relations. The law covering the powers and 
duties of the clerk of the district court shall, so far as 
applicable, apply to his duties and powers as clerk of the 
court of domestic relations. 

Sec. 13. The judge of the court of domestic relations 
shall have power to appoint a stenographic reporter who 
shall have the same qualifications and perform the same 
duties and be paid the same salary and fees and in the 
same manner as the stenographic reporter of a district 
judge. Said stenographic reporter shall hold office dur¬ 
ing the pleasure of the judge appointing him. 

Sec. 14. The county board of a county having a court 
of domestic relations shall provide a suitable court 
room for that court and suitable room for the judge 
thereof and such board shall also provide such additional 
help, office supplies and equipment as shall be needed 
properly to conduct the business of the court. 

Sec. 15. The judge of the court of domestic relations 
shall also have power to appoint a bailiff who shall hold 
his position during the pleasure of the judge so appoint¬ 
ing . Said bailiff shall receive the same salary and perform 
the same duties as is received and performed by a bailiff 
of a judge of the district court of the same county. 

Sec. 16. Each judge of the court of domestic relations 
and stenographic reporter appointed to serve in said court 
shall take the oath prescribed by the constitution of this 
state, which oath shall be filed in the office of the clerk 
of said county. 

Sec. 17. No person shall appear in the court of do¬ 
mestic relations to represent another or to act as an at- 


117 


torney therein for any person other than himself unless 
he is regularly admitted to practice as an attorney before 
the supreme court of this state, provided, however, that 
anyone may appear in his own behalf or in behalf of his 
child or ward in any court of domestic relations. 

Sec. 18. If any clause, sentence, paragraph or part 
of this act shall be adjudged invalid by a court of com¬ 
petent jurisdiction, such judgment shall not affect or in¬ 
validate the remainder of this act, but shall be confined 
in its operation to the clause, sentence, paragraph or 
part directly involved in the controversy in which such 
judgment shall have been rendered. 

Sec. 19. All acts and parts of acts in conflict here¬ 
with are hereby repealed. 


BILL NO. 14. 

PROBATION OFFICERS. 

(Ail amendatory act) 

Abstract of Changes. 

1. The county superintendent of child welfare may act as pro¬ 
bation officer. 

2. When court of domestic relations is established, all salaried 
probation officers shall be appointed by the judge of the court of 
domestic relations. 

. 3. Salaries of probation officers in counties having less than 
50,000 population are raised from $720 to $1,200 per annum. 

Cross references. 

In connection with this bill, see bills 12 and 13. 

A BILL 

For an Act to amend section 9145 of the Revised Statutes 
off 913 as amended by section 1 of chapter 168 of the 
laws of 1915 as amended by section 1 of chapter 132 
of the laws of 1919 relating to probation officers and 
to repeal said original section. 

Be it Enacted by the People of the State of Nebraska: 
Section 1. That section 9145 of the Revised Statutes 
of 1913 as amended by section 1 of chapter 168 of the 
laws of 1915 as amended by section 1 of chapter 132 of 
the laws of 1919 is hereby amended to read as follows; 

118 



9145. The judges of all courts of record in the state 
may from time to time appoint a person or persons to 
perform the duties of probation officer e* o - f t- ie e^ as here¬ 
inafter described, within the jurisdiction of the courts 
of such judges and under the direction of such judges, 
to hold office during the pleasure of the judge or judges 
making such appointment; and one copy of the order of 
appointment must be delivered to the officer so appoint¬ 
ed, and one copy filed with the county clerk. Any officer 
or member of the police force of any city or incorporated 
village who may be detailed to do duty in such court, 
or any constable or peace officer, or any county superin¬ 
tendent of eliild welfare or his assistant may be appointed 
as probation officer upon the order of any magistrate as 
herein provided. No probation officer appointed under 
the provision of this section shall receive any compensa¬ 
tion for his service as such probation officer except as 
herein provided; but this shall not be construed to de¬ 
prive any officer or member of the police force, or any 
constable or peace officer or any county superintendent 
of child welfare or his assistant, appointed probation 
officer as herein provided from receiving the salary at¬ 
tached to his official employment. In counties having a 
population of more than fifty thousand the judge of the 
district court having charge of the juvenile docket shall 
appoint one probation officer who shall be designated, 
“chief adult probation officer” who shall be paid as other 
salaried county officers are paid: Provided that if a court 
of domestic relations is established by law in such coun¬ 
ties, then the judge of the court of domestic relations 
shall appoint such probation officer. The chief adult 
probation officer in counties having a population of more 
than one hundred thousand shall receive a salary of $1,500 
per annum. The chief adult probation officer in counties 
having a population of more than fifty thousand and less 
than one hundred thousand shall receive a salary of 
$1,200 per annum: Provided, that in any county having 
a population of fifty thousand or over if there shall be a 
county superintendent of child welfare provided by law 


119 


such county superintendent of child welfare or his 
assistant may he appointed to serve in place of such, 
salaried chief adult probation officer without additional 
compensation. He shall have general supervision of the 
work of all the probation officers in his county, except 
the probation officers of the juvenile court, and he shall 
serve in all the courts in liis county at the request of 
the judges holding such courts eaeept that in the juvenile 
eeurt he shell net he required te serve as probation obhiee r 
her ebildren u n de r the age eh eighteen years. In coun ties hav¬ 
ing a population of under less than fifty thousand, the 
judge of the county court shall appoint one probation offi¬ 
cer who shall be designated “chief adul t probation officer” 
who shall be paid as other salaried county officers are paid. 
He shall have general supervision of the work of all pro¬ 
bation officers in his county, and he shall serve in all the 
courts eh reeerd of the county, at the request of the judges 
holding such courts. He shall also perform the duties 
of probation officer for the juvenile court as prescribed 
by law. In counties having a population of less than 
fifty thousand, the chief probation officers shall receive 
as compensation for their services such amount as the 
county commissioners shall determine, not exceeding 
B oveu hu n d re d t we n t y d o l lars twelve hundred dollars per 
annum: Provided, that in any county having a county 
superintendent of child welfare, he may he appointed to 
serve in place of the salaried probation officer without 
additional compensation, bn e nmi t ie s h aving lees than 

b TITAT^ b tt bl>miruin/.l ~i a / \ t mi I / b _Li r\ n 1 i A-inht ri 1 -> ** I I r\ -i > b / \ n »\ 3 3 n 1 1 4 I 

T vTTTTrV ri I V/TT"77TIirT 7“ V_M ) 1114 1 V 1 \J 1 1 TTT v“ EJ 11 V_ 1 XX oTTTTTT f/VI TO l x 11 TTTT TTiTT* 

A n b iAfi x\b 1 \ nt i r\ 1 3 Atti /A /a 3^ Hhat^i/1 a/I In i»b |-> m» bL.n b b 11 /a T< a n ■-»/ i 

vTTTTTTVtTj TT-T J-*X V/Ulll lUi I vxTiruT, J- xT7 v TvTvTvT X l L X 111VI ^ “TtTTTT l) il VJ x7V/Ttr\T 

eb Su p er v i s ors er Qounuisoiono rs et eountieo ha vin g less than 

b urmi b it b J i a- o i3 H 1 1fk V y il I nti XXIX ^ ^ r »mb.b r\ i>i '/ r\ b 1 i r\ n /-vn-i-t b-rr -in A /V /-> 

X n VJl l \ 111 v/HuU IX V l p TjJ' Pixel lx U1X ixTTTj U LI 111 VJ X XX VI L X It? V U 1111 P j J HVlw v 

b r\ <3 rxx b n /\ -3-3 l r\ x 3 /a r>n r\ tx a b lx /a t » blmn bb a n H Ainbb r\ 1 b 1 i r\ a aivi-> b-rr 

TTT cl ' / U XXX IT 'J vl XXV' I 7 L X » ‘ V/ IX V/ L J 1 V. X unu ii TTT“ uXIV- X XI X V/ X_ p i Iv t/TtixT ’ 

whe shah pe- r he r m the duties eh p rob at ion o bb ieor , and sueh 
heard shall bin the eomponofltion et sueh obbioe . 


Sec. 2. That said original section 9145 of the Revised 
Statutes of 1913 as amended by section 1 of chapter 168 
of the laws of 1915 as amended by section 1 of chapter 
132 of the laws of 1919 is hereby repealed. 


120 














BILL NO. 15. 


CHILDREN IN HOUSES OF ILL REPUTE. 

(An amendatory act) 

Abstract of Changes. 

1. Probation officers and county superintendents of child wel¬ 
fare added to the list of officials authorized to rescue children from 
immoral surroundings. 

2. Juvenile courts and courts of domestic relations given juris¬ 
diction in place of county judges. 

Cross references, 

In connection with this bill, see bill 53. 

A BILL 

For an Act to amend sections 8797 and 8798 of the Re¬ 
vised Statutes for 1913 relating to neglected children 
and granting additional powers for their reclamation 
and to repeal said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 8797 of the Revised Statutes 
of 1913 be amended to read as follows: 

8797. It shall be lawful for any sheriff, constable, 
chief of police or any policeman or city marshal, or any 
probation officer or county superintendent of child wel¬ 
fare or any officer or agent of the ^ebraehe Hunntne S ociety 
ee any etbe? humane or charitable society, to enter any 
house of ill fame to search for any such children- child al¬ 
lowed, kept maintained or harbored therein, and to insti¬ 
tute and maintain proceedings in habeas corpus to remove 
such children child from such houses of ill fame or bad im¬ 
pute; and it shall only be necessary to prove that such 
house from whence it is sought to remove such children 
child is by common repute a house of ill fame or of noto¬ 
riously bad repute or kept and run for the purpose of 
prostitution, to establish the unlawful detention, and de¬ 
priving such children child of its liberty. 

Sec. 2. That section 8798 of the Revised Statutes for 
1913 be amended to read as follows: 

8798. The c o u nt y jud-gee juvenile courts and courts of 
domestic relations in their respective counties shall have 
jurisdiction in such cases as in habeas corpus, and upon 
proof being made, as provided in the next preceding 


121 


secBon, may, in their discretion, order such children re¬ 
moved from said houses of ill-fame or bad repute and 
placed in charge of the Nebraska home for dependent 
children or of any of the above named societies, or in the 
county detention home or with such discreet person or 
persons as may desire to take them until suitable per¬ 
manent homes may be provided for them, or until such 
children may be permanently adopted, which the said 
judges in their discretion may order. 

Sec. 3. That said original sections 8797 and 8798 
of the Revised Statutes of 1913 are hereby repealed. 


BILL NO. 16. 

OBSOLETE SECTIONS REPEALED. 

Abstract of Changes. 

1. Sections 1671 and 1672 repealed as being adequately covered 
by the present, and the proposed juvenile court laws. 

A BILL 

For an Act to repeal sections 1671 and 1672 of the Re¬ 
vised Statutes of 1913, relating to the appointment of „ 
guardian. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 1671 and 1672 of the Re¬ 
vised Statutes of 1913 are hereby repealed. 


122 



Chapter II. 

EDUCATION AND CHILD LABOR. 
(A.) Education. 


BILL NO. 17. 

COMPULSORY EDUCATION LAW. 

(An amendatory act) 

Abstract of Changes. 

1. The distinction made between city and rural school districts 
is eliminated and the law applied with equal force to city and rural 
districts. 

2. Ever person in the state of Nebraska having actual control 
of any child 7 to 16 years of age is required to send such child to 
school regularly during the full school year as maintained by the 
public schools of the district, unless the child has graduated from 
the public school of the district, or a school of equal grade. 

3. If there is no high school in the district, but one is located 
within three miles or free transportation is furnished, a child shall 
be required to attend until 16 unless he has graduated from such 
high school. 

4. Persons having actual control of children 16 to 18 years of 
age shall likewise require them to attend school unless they have 
graduated from the public school of their district, or a school of 
equal -grade unless their services or earnings are needed, in which 
case the school superintendent may grant a permit for such child 
to be employed. 

5. Children 16 to 18 years of age who are employed, living in 
districts where part time continuation schools are maintained are 
required to attend such continuation schools eight hours per week. 

6. Exemption is made for children living three miles or more 
from the nearest, school instead of two miles as in the present law 

7. Children claiming exemption on the ground of mental or phy¬ 
sical incapacity are to be examined by persons skilled in mental 
diagnosis as well as by physicians. 

8. No exemption granted, as in the present law, to children 14 
to 16 years of age whose earnings are needed for the support of 
themselves or parents. See paragraph 10 below. 

9. Attendance at night schools not required, as in the present 

law. 

10. Scholarships may be granted by school boards to enable 
children 14 to 16 years of age, whose parents are in need of their 
services, to attend school. 

11. Compulsory attendance at the state schools of the deaf and 
blind is required as in the present law, but the age limit is raised 
from 18 to 20 years and special provision is made for taking the 
census of and reporting all such cases of deaf and blind children. 

12. Provisions for the enforcement of this law are strengthened 
by requiring weekly reports of absences and withdrawals, end 
complete monthly reports, by teachers to the city or county superin¬ 
tendents. 


123 


13. Section 6925 relating to the appointment of attendance offi¬ 
cers is entirely rewritten, so as to require boards of education in 
cities of 5,000 population and over to appoint attendance officers; 
county boards of child welfare to appoint county attendance officers, 
to act in districts not having district attendance officers; and re¬ 
quiring prompt investigation and prosecution of cases of non-at¬ 
tendance by the attendance officers. 

14. A new section is added providing for state supervision of 
the enforcement of this law by the state superintendent of puolic 
instruction. 

References. 

Statistics of State School Systems, and The States' and Child 
Labor, Bureau of Education, Washington, D. C. 1920. Bulletin 11. 

State Laws Relating to Education Enacted in 1915-1916 and 1917. 
Bulletin 23, 1918, and A Manual of Educational Legislation, Bulletin 
No. 4. Bureau of Education, Washington, D. C. 1919. 

Every Child in School. United States Children’s Bureau. Publica¬ 
tion 64. 

Review of Education Legislation. United States Bureau of Edu¬ 
cation. Bulletin 13, 1913. 

Causes of Absence from Rural Schools in Oklahoma. National 
Child Labor Committee. 

Brief Favoring the Adoption of a Constitutional Provision for a 
State School Tax. T. V. Goodrich. 

Cross references. 

In connection with this bill, see bill 53. 

A BILL 

For an Act to regulate public, private, denominational 
and parochial schools, to provide for compulsory atten¬ 
dance therein and to provide for a procedure for its 
enforcement including penalties, and to amend sections 
6921 and 6925 of the Revised Statutes of 1913 as 
amended by the laws of 1919, chapter 155, sections 1 
and 9, and section 6928 of the Revised Statutes of 
1913, and to repeal said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 6924 of the Revised Statutes 
of 1913 as amended by the laws of 1919, chapter 155, 
section 1 is hereby amended to read as follows: 

6924. 4u school districts o t her then city end m etropolitan 
city school districts e very p erron , heving ft legel er eetuel 
e h er ge er centred ef ftny child er children er you t h net less 
then sev e n ner mere then si x te e n yeftrs of ege, shell, d urin g 

au/Ji , . /1 i / \ s \ I imn L>./ v 4 u t aaiv t n a n \ l L l\ I av> / I ft xt r\ 4~ _ In I xt n i-t r I 

t “‘it ! II III.' wT TwoT " v IT 111 l,' “vvTTTTvT 1T1 Vf I IT l (TV TTr fj l IT T TTTTTT 

the Inst d VLnnley of J - une f ol l owing , sense such child er 


124 







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' ”TTTTTTTt TTT" “TTTtTTT TTT TTTTt 11A t TTTTt y/TTT7TJ7Tl \ ft Utr^ lLt !1U ITT 1111C 

t iei - ad a** paroekk d 4ay eeko o ks la* a pe*ia4 el eel lees tkaa 

|~ \\ T f ' [ 1 r r / v 11 T / V / \ 1 ■ t un L.l i il f _ Ly ( \ 1M i I v I i / i / 1 * 1 t r aaiiHLil y\~t~ 4 ii_L/\ L ■ /'j i r\ /A I / I i . ‘ _ 

vTtvTTv \ * V- v 1 v TTTT'T IT TTiTj JTTt miTv 'TTT > u v" 11 v* v* 1. -L L 11 v. * * v 11 UU L vTiu 

4ek4 ia whisk the p erson as pesaa»a_, havin g e h t a -ge as co nt - r a- t 
al suck eh 44 oi cliiltl'i 611 oi“ yoiltlij muy i osido *j lift 1.1 1)0 1^1 
session 4n*ing the sekael yea* between Ike se c ond Mon d ay el 

I 1 1 1 X r Al l i/_L f lj /i la kill A I /Mulmr / \ 4. Lull a 1-/A 1 i i re m /\^r\ 4- li .n > 

" I ITT iTTTvT TTirr TCtOTT “IT TT IT TT T TTT fniTTr Tt/TT U ) AT 11 1 TTT TTTTT TTTTPTT 

twelve w eeks , then the persen having legal c en t re ! el each 

/-/[ 1,1 -1-4 - It j \ 1» xaJ t -I I i 1 !> / 1-11 /\ 1* _ir / \3l4-j 1 Li. L > »' I 1 1 1 i."< 4~- + 1 ' ATll 4~_/A £l 4 f AIIlL 

tTTTTTrr U I * i I llu 1A II v I V l /VI 111 u 11TT11 v IV L l u v_ v UC! 1 vT LI1\_ ill UU li t Uvlivt 

min 1 1 i">n l> h/i mn t ^-n4- r\ /Iati AiimvQfi/\^n 1 r\ t» ~i \ ti i» /a /ii_\ t ■. i 1 /lnir hah a/i I 

cmrrTT prTvTtTv ^ uununiirin i'K'rrr it tj i jtttt■" v tttcTT ■ m v ptvTtttvttt 

11 /-\ 4: 1 AQ .-i 4- J JL tA 1 1 f m/1 T- J_n i«/1 a y >:h 4- 11 / \ yA i:\4lt 11/TL 4h\ia ill / t nn 1 \ 1 i / / > «/ / 11 / v /~\ I n 

TTTTT IUao TTTTtTT uTTTj T"T IT Llu TTT l II \ V711 U1I U TT TTTTT xTTTT TTTTTTTTv iii. IIUv/lli 

-Lla~i 1 1 .L\/\ i l l , ah i.!.nviii/i? 4 iJLiy-l a<i.L r\ /'ll xt/ i ll y ±XCL ahA '< Q Ifl • 41 11 t 1 

! 1 1 1 li li T7v li 1 uU 7 r 7'lU II \ lit I 111 TTT vT "J L 11 v_/ UI ' vtl I TTu 11 Jl UI U> hi tv i y TTTrTT 

m i+e eftse eke44 seek e ttondaiiGe ke lee a lees peeled tkae 
i ’ W e lye weeks. 4e ei£e ae4 motr o p eUtee ekw s chool 44sli4e-fee. 

(a) Every person residing within seek sekeel 4isteie^ 
the State of Nebraska who lias legal or actual charge or 
control of any child ee eh44eea ee yeelk not less than 
seven nor more than sixteen years of age, shall cause such 
child ee ekildeee ee y oet -k to attend regularly the public, 
private, denominational or parochial day school for the full 
period of each school year in which the public day schools 
of such school district are in session, unless such child 
has graduated from the high school maintained by the 
district in which he resides or from a high school of 
equal grade; or if no high school is maintained by the 
district in which it resides, has graduated from the 
school maintained in the districUor from a school of equal 
grade: Provided, that any child residing in a district 
which does not maintain a high school but within three 
miles of a public high school, or residing in a district 
where free transportation and tuition is furnished by 
the district to children attending a public high school 
in another district shall be required to attend such high 
school the same as tvould be required if such high school 
were maintained in the district in which the child resides. 

(b) Every such person who has legal or actual charge 
of any child sixteen years of age and less than eighteen 
years of age shall cause him to attend regularly the public, 
private, denominational or parochial day schools for the 


125 













full period of each school year in ivhich the public day 
schools of such district are in session, unless such child 
has graduated from the high school maintained in the 
district in which he resides or from a high school of 
equal gradeor if no high school is maintained in the 
district in ivhich he resides has graduated from the 
school maintained, in the district or a school of equal 
grade: Provided, that in case the services or earnings 
of such child are necessary for liis own support or the 
support of those actually dependent upon him, the person 
having legal or actual charge of such child who has com¬ 
pleted the work of the eighth grade, may apply to the 
superintendent or principal of the school district in 
ivhich the child resides in all districts except those 
organized under Article III of Chapter 71 of the Re¬ 
vised Statutes of 1913, in which districts application 
shall be made to the county superintendent of schools: 
and the superintendent or principal may, in his discretion, 
issue a permit allowing such child or youth to be em¬ 
ployed. All work permits issued under the provisions 
of this sub section shall be issued by the same person 
and in the same manner but of different form and color 
from work permits issued for children under sixteen 
years of age as provided by law. All children who are six¬ 
teen years of age, and less than eighteen years of age, re¬ 
siding in districts where a part time continuation school is 
maintained by authority of the public school district, 
who are granted permits to be employed under the 
provisions of this sub section, shall be required to attend 
a public, private, denominational or parochial part time 
continuation school eight hours each week during the 
entire school year. 

(c) The portion of this ftfhiele act requiring attendance 
in public, private, denominational or parochial day 
schools shall not apply in case where the child or youth 
keia-g eh the ege eh t onrt - oon 4 b legally ae4 aegalaely 

r\ i i i t > I 1 t r\ bv-tet /Axxni nimnAvt ah b I i /a n t t iaxa r\ ~i»b a! tllAAA n/ifin M -y- 

vl 1 1 j ' TtrT v vL TtTf tTto TTVPTT nTinT; TTTu v -l u' ' v ' 11 1/ | ' U 1 l TTx tl 1 vu vj TTy t" t'l ('Tt" V* 

A ^A A AVI J /ai i b 1A12 AT1 h i m • AH t ix o it Pi r\ x a A lai»a b li /a t a 1 > i 1 /1 xr AnbL. 

' i v t” l I I Ti H rT ii | ' v ‘ 11 TiTTTT j \j x TTT (i n ▼ L i U TvTrTrTw TaTTt “TTtTTt TTT > t/tiuit 

is physically or mentally incapacitated for the woclc 


126 



done in the schools or in any case where the child or 
youth Jives more than two three miles from the school 
by the nearest practicable traveled road unless free trans¬ 
portation to and from such school is furnished to such 
child or youth. In case exemption is claimed on account 
of mental or physical incapacity the public school authori¬ 
ties shall have the right to employ a physician or physi¬ 
cians or a person shilled in mental diagnosis who shall 
have authority to examine sucli child or youth and if such 
physician or physicians or person shilled in mental 
diagnosis shall declare that such child or youth is capable 
of undertaking the work of the schools, then such child 
or youth shall not be exempt from the requirements of 
this a rt icle act. 

(d) So ease exempti on is ekim ed and gr a nted on aeeount 
of a child or y o uth of the ago of fourteen years feeing le ga lly 

ri 11 / I xv i 1 lo idir I att/wI At ~i» l t ~i ^ aitti-i rm r\ •»» A 1 i r\ n 11 a i»t f 

TTTTCT Tv^TlTriTTT v 11J I • Tu ) TjvT iTTF J Hu TTTvTT Iui p J>U1 t UI vJ ^ UMMU1 L TjTT 

f - la o / i / I /'n't Ai nnA^ lx nn on rdi /i 1 t i 1 <1 /\ i» XT/xn f J_l x i \ o tt i n fell r k 

rTTvov u v primv III" TTp'TTTT 11 ±11 I ^ rTTTv TT \TI l TT Cl UI TTJu UTT TTTTTr 1 lx tTTtx 

discretion of these c h ar g e d with the en f orcement of this 
a r t ic le, he required to a t t e n d a public, private, denomina¬ 
tional or pa ro chi a l evening o e ho e l for not less than two hour.n 
each school day and not less than three days each week for 
a sehool year of not less than t went y weeks. When the at¬ 
tendance officer is satisfied that any child fourteen years 
of age or over and under sixteen years of age , compelled ' 
to attend school by the provisions of this act is unable 
to do so because needed to work at home or elsewhere 
in order to help support himself or others legally entitled 
to his services such officer shall report such case to the 
board of education or the school board which may grant 
such child assistance to be known as a scholarship, to 
be granted under such terms and conditions as the board 
shall determine , provided that the amount of such assist¬ 
ance shall not exceed twenty dollars per month for any 
one child; and such scholarship shall be paid out of the 
funds of the school district in the same manner that 
other expenses of the district are paid. 

(e) All persons of from seven to eighteen twenty 
years of age who are residents of this state, and who by 


127 













reason of partial or total blindness or deafness are un¬ 
able to obtain an education in the public, private, denom¬ 
inational, or parochial schools of this state, shall under 
the provisions of this ertiele, act, be required to attend the 
institute School for the Blind or the School for the Deaf. 
until graduated or discharged by the superintendent of 
such school unless such persons are being* privately or 
otherwise educated, or unless by reason of mental or 
physical incapacity they are not subjects for admission to 
the B o ef end Dumb end Blind institute of the oteto of 
Nebraska School for the Blind or to the School for the 
Deaf. 

(f) It is hereby made the duty of each teacher in all 
of the public, private, denominational and parochial 
schools of this state to keep a record showing the name 
and age and address including the number of the school 
district and the county of the ehdd ren each child enrolled, 
the number of the school district in which said school is 
located end the co u nty of then* residence, the number of 
days each pupil was present and the number of days 
absent, and the cause of absence, end et the end of eeeh 
m o n t h et sehool to mehe end f urnish e report to the county 



t hereo f to the d ire c tor or 


/ \ ~r -f /-i n 1 1 r\ I /lint in n t 111 1 i on// 1 1 n I 1 -1 1/1 r\ t» 

TTT uTi l rTv TlTTvoT UTuTTirT 111 vTTTTvtT r?TTv 11 v 11 TTCi T!7T vlllltll LI? 



of B uldi e Instruction , which report shell covoi* 



seid items of record es a bo ve , On the third day on which 
the public, private, denominational and parochial schools 
are in session at the beginning of each school year, it 
shall be the duty of each teacher to send to the county 
superintendent a list of the pupils enrolled in his or 
her school with the age, grade andl address of each, except 
that in such districts organized under the pr ovisions of 


Articles - X - XII , XXIII end X - XIV of this ehepter metro¬ 
politan cities and cities of the first class such report shall 
be made to the superintendent of the city school of such 
district. It is hereby made the duty of such county or 
city superintendent, upon the receipt of the report such 
list for the first month of school in the district end in eeeh 


128 


















■fcw* to compare the names of the children 

enrolled seek *epe*4e with the last census report on tile in 
his office from such district, e«4 to prepare a list of all 
children or youth resident in such district under his 
jurisdiction who are not geee i v ing attending 

school, as in this act provided, and to transmit the 

list to the officer or officers in such district whose duty it 
is to enforce the provisions of this act. 

(g) Whenever any child shall enter or withdraw from 
any school after the third day in which said school is in 
session it shall he the duty of the teacher to transmit at 
once the name of such child to the county or city superin¬ 
tendent as specified in the preceding sub-section who shall 
use such information in whatever way he shall deem 
necessary for the purpose of enforcing this act. At the 
end of each week each teacher shall report all absences 
and the cause of absence to the proper superintendent. 
At the close of each school month each teacher shall 
transmit to said superintendent a report giving the name , 
age and address of each child enrolled and shotving the 
number of half days each child was absent. Said monthly 
report shall also show the number enrolled and the num¬ 
ber belonging on the last day of the month and the aver¬ 
age daily attendance for the month. The provisions of 
this section requiring reports from each teacher shall 
not apply to individual teachers in schools employing 
more than one teacher but shall in such case apply to 
the head teacher or principal or superintendent tvho shall 
(btain the required information from the teachers under 
his supervision or control. All reports and lists required 
in this section shall be upon blanks prescribed by the 
sta te superintendent. 

(h) All private, denominational and parochial schools 
in the State of Nebraska and all teachers employed or 
giving instruction therein shall be subject to and governed 
bv the provisions of the general school laws of the state 
so far as the same apply to grades, qualification and 
certification of teachers and promotion of pupils. All 
private, denominational and parochial schools shall have 


129 


adequate equipment and supplies and shall be graded 
the same and shall have courses of study for each grade 
conducted therein substantially the same as those given 
in the public schools where the children attending would 
attend in the absence of such private, denominational or 
parochial schools. 

Sec. 2. That section 6925 of the Revised Statutes of 
1913 as amended by the laws of 1919, chapter 155, section 
9 is hereby amended to read as follows: 

6925. Bo a r d s of educ a tion in e it i e s, vi l lag es and metro¬ 
politan c i t i es shall appoint one or m ore te n a n t o ff i c ers , who 
shall qualify as poliee o f f i ce rs ; shall enforce the p rovisions of 
this law m the wards or district for which they severa l ly 
set; shall have a u thority to app reh e n d and tahe to his home 
or to some public, p rivat e, d eno m inatio nal or paroc h ial 
school any child found in vio l a tion of this arti cl e , sh al l he 

n Tm\n-n n n frt/1 1 r\ n bin r\ n d 1 1 m y» nr>TMTin/\n m n n/< n rmm n ay n n b n I 1 

T. tin i |H 11 r 'trrt tt rut tt ttt vti" Tu ‘it mui v xr“u ttt mu tt nrrmn uiuha 

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TTT* TT L I t 1TT11 T t T/T^ •pTTT” TTTTTtTTT UT .1J l l 11 d U l IU 1 L TTT “T7 T7TTTTT TTTTT TTT 

the g enera l school fund of the city or village , in all school 
d i s tri ct s in this state, any superintendent, principal, t eac her 

a -»» 1 vi a>yy~i1 vah r\ -p d 1 y a\ T> / ■> n y*/1 ay d T<T rl unird i av> yttI i ay c\ 1 y oil ty r\ tit rd 

TTT II1L TliTJd 1 TTT TTTT7 TTTtTTTTT TTT TTH ITI TT P 1 “d 11 ^ TTTt f P.ITTTT 11 TTTTTT TT TTT 

any v io la t i on 0^ 01 t/iolo Oft "fcl'l 0 of ftft^ ft!' 

At 1 i 1 1 r\ vaii r\ 4 n At 1 i r\ r\ 1 r\ A'a d 1^ Am t y n i» midn ay y» d n a vy Ann ai-> ci nv 11 /1 d n 11 1 

L llilLll v_ 11 TTT rtTfTTtTTTT 11 y l 11 vl 1 |dLl 1 L 111 u , U1 llHi |Hil UUliu TTT UL l LI Id I 

at» 1 r\ A‘n I Ar>i^di»A I ay di fii/i 1 1 At 1 y i I a I a ~i» a v | \ i w I mn ai^ rmxr ay d.U ai» yy a> ayyy. 

TTT 1V w, t1 x vullil UJ TTT HTTTTTTT TTTTTTvT UI “TTTTTTmT TTT TTTTT TTTTT V JL pTTTTTTTTTT ^ 

shall as soon as p ossi ble r epo r t such viol a tion to the superin- 

f aii / I / >id / \ d i y n I \ I i / a m d vm Aid 1 /yyy at d 1 i a\ AAvimdi T y t r I i a\ a 1 y a 11 rmvvi a 

TvIlvU Jlu TTT T7TTTTTTV7 111U U1 UV l 1UI1 vJV unT v \r um > v > uV7 lJ11 Ml 1 TTTTTXT“" 

dia t oly investigate the case and, if necessary give writtteu 
n o ti ce to the pe rson or persons violatin g this article warnin g 

I I nn ay i» dli atii d AY ay aih ty I tt uti d li dn VY-r»A\ a y ah n ay y y / I if ivy ayi ay tttaa I • 

TTTTTT TTTr i l i v ui TTT v umi 'T ▼ TTTTTT TT“ |) 1 \ 1 . “TV' 11 Id TTTTTT Tl TTT TTTTTt y V UUn 

d ~i> a vn d J ia d -i i yy r\ nil All ~» y Adi/iA A n y»ay amtaa r m a t 1 y ty a y>ciayy a i» 

t 1 Util ' tlv i x 11-1 v t; ltv, 11 liU lUv L .J TTTTT g 1 > v 11 , .J LIv t l pvT> 'U1L tTr 

tl T*Al L ’ d 1 b I 1 T 1 / k I tl d n Y dl -V l n tl Y»d Y At I At d i 1 At-11 A ll All A AlllY d \ r A1 

c*I \ nTTTT » JLv in nllig TjTTTTT tTTTTv Tu ^ T** v lf n l Iv 1L V U lilt' j PTT 

p b n ! 1 -d ilit £L /iAtini tl T l i d nivmnnd t« n / k 1 1 i~y a\ i»n ah ah v^aha aiy f \ A-f a^ -»* a 

rTTTTTTT J liU TT vvTTTTpTTTTTTTTT TTs^ 1T111MT rTTTv TT j /\ TTTvTTT TTl jfTd 1 «tU11u T>T*TTTTvr 

the c ou nt y fudge of the co u nty char g in g such pe r so n s wit h 
■ vi o lati o n of the provisions of this article: Provided if the 

- W i d 1 1 i i y niiir At i d xt a\t» v y ~i 1 I n ^av d li r\ 

> v n TiTTT TT ii t \ T l V TTi i T 11(1 “ Tf 'TT 


/ \ d iii i / I A idir a\ -i^ tti 1 I ti t v / i mnir i n b i , < 
TTT *uTTvi V1 i t 1 vTTTTTw v TTTTTv , TTT TTTTT 


fie such 


b e f ore the police fudge or poliee magistrate of such city or 
village. Boards of Education in metropolitan cities and, 
cities of the first class shall appoint one or more attend- 


130 































ance officers who shall be vested with police powers and 
shall enforce the provisions of this law in the districts 
for which they severally act. In each county of the state 
the county board of child welfare shall appoint one or 
more attendance officers who shall be vested with police 
powers and shall enforce the provisions of this act in 
districts other than metropolitan cities and cities of the 
first class: Provided that in any county where a county 
superintendent of child welfare is appointed according 
to law, such county superintendent of child welfare may 
be authorized to act as such attendance officer when so 
ordered by the county board of child welfare. Attendance 
officers for districts in metropolitan cities and cities of 
the first class shall be compensated for their services in 
such sums as shall be determined by the board of edu¬ 
cation, to be paid out of the general school fund of the 
district. County attendance officers shall be compen¬ 
sated for their services in such sums as shall be deter¬ 
mined by the county board upon recommendation of the 
county board of child welfare to be paid out of the 
general fund of the county. In all school districts in 
this state any superintendent, principal, teacher or mem¬ 
ber of the board of education who shall know of any 
violation .of this act on the part of any child or children 
of school age, their parents or the persons in actual or 
legal control of such child or children or on the pawt 
of any other person, shall within three days report such 
violation to the city superintendent of schools in districts 
having an attendance officer and in other districts to 
the county superintendent of schools. The city or county 
superintendent of schools shall immediately cause an 
investigation of the case to be made by the attendance 
officers. When of his personal knowledge or by report 
or complaint from any resident of the district or by 
report or complaint as provided herein the attendance 
officer believes that any child is unlawfully absent from 
school, he shall immediately investigate and render all 
service in his poiuer to compel such child to attend some 
public, private, denominational or parochial school which 


131 


the person having control of the child shall designate , 
or, if over sixteen and under eighteen years of age, to 
attend school or become regularly employed at home or 
elsewhere. Upon failure to do so, he shall serve a 
written notice on the person or persons violating this 
act warning him or them to comply with its provisions; 
and, if in one week from the time such notices are given 
such person or persons are still violating this act then 
such attendance officers shall file a complaint against 
such person or persons before the judge of the juvenile 
court of the county charging such person with violation 
of'the provisions of this act: Provided that if after such 
notice shall have been sent to any person or persons 
violating this act such person or persons ma V again 
violate the same act no written notice shall be required 
but a complaint may be filed at once. 

Sec. 3. That section 0928 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 

6928. In order that the provisions of this article may 
be better enforced it is hereby ordered that all enumera¬ 
tors of persons of school age, in taking the annual school 
census, shall ascertain and record the place and date of 
birth of each child enumerated, together with the school 
or schools attended, or the place or places in which, 
or the person or persons by whom such child was in¬ 
structed during the preceding school year; and also shall 
ascertain and record the name, the date and place of 
birth, color, sex and postoffice address of each person of 
school age resident within the school district who is blind, 
deaf, crippled, or feeble minded and the person having 
control of such child shall take oath or affirmation that 
such record is true. The name, date and place_ of birth, 
color and sex of each blind, deaf, crippled or feeble¬ 
minded person thus obtained by the enumerator shall 
be sent by said enumerator with full name and postoffice 
address of parent or guardian of such person to the 
county superintendent of said county, and* be immediately 
sent by the county superintendent to the superintendent 
of thV School for the Blind, if such person is blind, and, 


132 


to the superintendent of the School for the Deaf if such 
person is deaf, and all the above data shall be sent to the 
director of the state child welfare bureau. 

The enumerator is hereby empowered to administer 
such oath or affirmation. Any person who shall refuse 
to take such oath or affirmation, or who shall with intent 
to evade any of the provisions of this fw4iele act wilfully 
make any false statement concerning any child or children 
under his control and subject to the provisions of this 
ft ^ ie lo act or any person charged with the enforcement 
of the provisions of this act who shall wilfully fail to 
carry out the provisions of the same shall be deemed 
guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine of not less than e»e ten dollars and 
not more than tee- fifty dollars. 

Sec. 4. It shall be the duty of the state superintendent 
of public mstructio?i to formulate such rules and regu¬ 
lations, and to provide such assistants in his office, as 
shall be necessary for the proper and uniform enforce¬ 
ment of the provisions of this act in cooperation with 
local school authorities. In case any city or county fails 
to provide attendance officers as herein prescribed, it 
shall be the duty of the state superintendent of public 
instruction to appoint such attendance officers who shall 
be paid from the district and county funds in the usual 
manner. In case any school district, in the judgment of 
the state superintendent of public instruction , wilfully 
omits and refuses to enforce the jwovisions of this act, 
after ten days written notice, said superintendent may 
withhold the state apportionment of school funds for such 
school district, so often and so long as such willful 
omission and refusal shall, in his judgment, continue. 

Sec. 5. If any section or subdivision of this act is for 
any reason held to be unconstitutional, such decision shall 
not affect the validity of the remaining portions of this 
act. The legislature hereby declares that it would have 
passed this act, and each section, subdivision, sentence , 
clause, and phrase thereof, irrespective of the fact that 


133 



any one or more sections, subdivisions, sentencesi, clauses , 
or phrases is declared unconstitutional. 

Sec. 6. That sections 6924 and 6925 of the Revised 
Statutes of 1913 as amended by chapter 155 of the laws 
of 1919 and section 6928 of the Revised Statutes of 1913 
are hereby repealed. 


BILL NO. 18. 

PART-TIME SCHOOLS. 
(An amendatory act) 


Abstract of Changes. 

1. The age for children required to attend such schools is 
changed from fourteen to sixteen years, as in the present law, to 
sixteen to eighteen in the proposed law'. 

2. Persons over 21 years of age are not excluded from attending 
such schools as in the present law. 

3. Attendance at such part-time schools 1 by such children 
regularly employed is made compulsory unless such children have 
graduated from the high school of the district. 

Cross references. 

In connection with this bill, see bill 17. 


A BILL 


For an Act to amend section 7 of Chapter 267 of the laws 
of 1919 relating to part-time schools and to repeal 
said original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 7 of chapter 267 of the laws 
of 1919 is hereby amended to read as follows: 

Sec. 7. The board in control of the public school of any 
public school district in the state having at least fifteen 
children between the ages of f ourteen siwteen and si xteen 
eighteen years who held employment certificates in feree who 
are regularly and legally employed shall establish a part- 
time school or class and shall require mi no r s holding sneh 



such children to attend said school 


or class regularly for not less than eight hours a week 
while so employed and until they reach the age of sixteen 
eighteen years: Provided that no person over sixteen 
ond under twe n t y-one years of age who is regularly and 


134 








legally employed shall be barred from attendance upon 
said part-time schools or classes. 

Every person residing within the state of Nebraska 
who has legal or actual control of any minor or minors 
between the ages of sixteen and eighteen years who are 
regularly and legally employed shall cause such minor or 
minors to attend regularly upon such part-time school or 
class as shall be established in accordance with this 
act. It shall be unlawful for any regularly and legally 
employed minor between the ages of sixteen and eighteen 
years to fail or refuse to attend such part time school or 
class. 

, l x, nv>Tr n/ili i r\ i> a! irn ah 4- I > r\ n rvr\n r\ T + ah r\ n v> r\ n -i -\y 

TT ll -l LJ o uv 11 TTtTTTTTx T j l' l > V U v' 11 lllU Ul 1U Ui uUvll cTllvl. IjT" 

I r\ 11 L'iin 1 1 f m I o + 4- r\ i i rl vnmi 1 rt t ^ nnmi n 4- 1 m ^ nn li r\ /^1 

t v. v. li nTTTTTT TTTTT TTT itvTvtxTvl Tv ^TTTTTT Tj TTpTTTt ullvll j7Tr iu TTliTi“ {jLlIUL' I. 

m? e4&m e-e kmem smqumed the emp loyment oortifioftto eh 
eeeh m inor ehtdl he e mmol l o d It shall be unlawful for 
any person, firm or corporation to employ any such minor 
between the ages of f o u rteen sixteen and si x t een eighteen 
years of age for more than forty hours in any one week, 
nor more than eight hours in any one day, nor before 
the hour of six o’clock in the morning or after the 
hour of eight o’clock in the evening, nor unless such 
minor shall attend regularly upon such part-time school 
or class as herein required, unless such minor has grad¬ 
uated from the high school of the district in which he 
resides or from a school of equal grade or unless such 
minor is exempt from the requirements of this article 
by reason of physical or mental incapacity for the work 
to be done in the schools as provided, in sub-section (d) of 
section 6921/ of the Revised Statutes of 1918 as amended 
by chapter 155 of the laws of 1919 as amended by House 
Roll 100. Any person, firm or corporation violating any 
of the provisions of this act shall be guilty of a misde¬ 
meanor and upon conviction thereof shall be fined in any 
sum not less than five dollars nor more than twenty-five 
dollars for each offense. 

The local board of any such school district is hereby 
authorized to raise and expend moneys for the support 
of such part-time schools or classes in a manner similar 

135 







to that by which moneys are raised and expended for 
other school purposes, provided that said boards may 
make a levy sufficient to cover expenses of such schools 
over and above the amount now provided for school pur¬ 
poses. Such part-time schools or classes shall be organ¬ 
ized in accordance with the rules and regulations which 
may be established by the state board of vocational educa¬ 
tion. Such part-time schools or classes shall provide 
instruction which shall continue education in elementary 
or secondary school subjects or instruction supplementary 
to the employment in which such minors over f ourtee n 
sixteen and under riu t eon eighteen years of age are en¬ 
gaged. Whenever such part-time schools or classes shall 
be established they shall share in any federal and state 
funds available for the promotion and support of voca¬ 
tional education in the State of Nebraska. 

Sec. 2. That section 7 of chapter 267 of the laws of 
1919 is hereby repealed. 


BILL NO. 19. 

INCREASING THE LENGTH OF THE SCHOOL TERM REQUIRED. 

(An amendatory act) 

Abstract of Changes. 

1 . The minimum length of school term required by law is 
raised from 4, to 6 months, and in districts having ten or more 
pupils of compulsory school age to nine months. 

2. Every school is required to maintain nine months school, 
instead of eight months, as in the present law. where such school 
can be secured by a levy of 40 mills instead of 15 mills as in the 
present law. 

3. Where less than 5 children of compulsory school age are 
found in any district, the school board may use the school funds 
to provide for the board and transportation of such children while 
attending school in another district. 

4. Sections 6749 and 6751 providing for state aid to weaker 
districts is amended so as to require each district before receiving 
such aid to levy a tax of 40 mills instead of 35 mills and making an 
allowance to such district sufficient to bring up the total funds of the 
district to the sum of $1,000 in districts having 10 or more children 
of compulsory school age, and to $700 in districts having five and 
under ten children of compulsory school age, and to provide at 
least $120 for each child in districts having less than five children 
of compulsory school age. The present law provides for state aid 
only in sufficient amount to bring up the total fund of the district to 


136 





References. 

Report of Special Commission on Revenue and Taxation Lin¬ 
coln, Nebraska. 1915. 

Cross references. 

In connection with this bill, see bill 20, page 141. 

A BILL 

For an Act to require the maintenance of school at least 
nine months in each year in each school district of the 
state with certain exceptions, to provide state aid for 
school districts whose funds are not sufficient to main 
tain school for nine months and to amend section 6745 
of the Revised Statutes of 1913 as amended by chapter 
116 of the laws of 1915 as amended by chapter 119 of 
the laws of 1917 and to amend sections 6749 and 6751 
of the Revised Statutes of 1913 and to repeal said origi¬ 
nal sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 6745 of the Revised Statutes 
of 1913 as amended by chapter 116 of the laws of 1915 
as amended by chapter 119 of the laws of 1917 be amend¬ 
ed to read as follows: 

6745. They shall also determine at each annual meet¬ 
ing the length of time the school shall be taught in the 
district in the ensuing year, which shall not be less than 
feuv six months by a legally qualified teacher in a dis¬ 
trict having less than tw en ty tew pupils #4 sc hool age; 
who are seven years old and under sixteen nee less than 
eight months in districts having between twenty end seventy- 
five png its incl u sive nor less than nine months in districts 
having move then seventy-five ten or more pupils who are 
seven years old and under sixteen: Provided, school shall 
be taught in every such district for at least eight nine 
months in the year when the same can be supported by 
a levy of fifteen forty mills on the dollar assessed valua¬ 
tion in such school district when supplemented by tin; 
district apportionment from the state school fund; end 
fee nt lessf seven mont hs in the yeas when the same can he 
supp orte d by s i mi lar levy ef t wenty mills supplemented as 
above. Provided that in any district where there are 


137 






less than five children who are seven years of age and 
less than sixteen years of age residing in the district , 
the school hoard may use the school funds of such district 
received from any source to provide for the hoard and 
transportation and other expenses of such children while 
attending school in another district as may he arranged 
hy the school hoard of said district. They may also deter¬ 
mine, and instruct the district officers as to, the different 
lengths of the terms of school and seasons of the year in 
which the same shall be taught and the district officers 
shall see that school is actually taught therein by a 
licensed teacher in conformity to such instructions and 
for not less than the length of time herein required. No 
district shall receive any portion of the state funds unless 
school shall have been actually taught therein for the 
length of time required by this act or unless the pupils 
residing therein have attended school in another district 
for the length of timd required hy law: Provided, in case 
of epidemic sickness prevailing to such an extent that 
the school board in any district shall deem it advisable 
to close any or all schools within the district, or if on 
account of the destruction of the school house it shall 
be impossible to continue the school, such closing of the 
school shall not prevent it from drawing its proper share 
of the state apportionment. Such sickness or destruc¬ 
tion of school house shall be sw T orn to by the district 
board and the oath filed with the county superintendent 
within ten days after the annual school meeting: Pro¬ 
vided, further, that no district shall be deprived of its 
proportionate share of the state school funds when it 
shall appear by the affidavit of the district board to be 
made and filed, as aforesaid, that the district has in 
good faith raised and expended the maximum tax allowed 
by law and the funds raised have been insufficient to 
maintain a school for the time herein provided. 

Sec. 2. That section 6749 of the Revised Statutes of 
1913 is hereby amended to read as follows: 

6749. For the purpose of providing st least seve n 
m o n t h s school each year in the first eight grades for the 


138 




number of months required by this act for all the youth 
of this state whose parents or guardians live in public 
school districts whose funds are not sufficient to maintain 
school for at least seven months the required length of time 
there shall be paid to each district by the state treasurer 
such an amount as is necessary to enable such district 
to maintain se ven nine months of school with a legally 
qualified teacher if there are ten or more children residing 
in the district who are sgven years old and under sixteen 
years old; and to maintain six months of school if there 
are less than ten such children: Provided that no state 
aid shall be given any public school district unless there 
has been levied the ma xim um tax levy allowed fey law 
a tax of forty mills and until the accounts of such dis¬ 
trict are audited and approved by the county superin¬ 
tendent of the proper county; and provided, further, no 
district containing less than twelve sections of land shall 
receive any aid under the provisions of this and the two 
next following sections; and provided further, where 
a district maintains more than one separate rural school, 
there shall be paid to such district for each school main¬ 
tained such amount as is necessary to enable the district 
to maintain s ev e n nine months of school with a legally 
qualified teacher in each such school if there are for each 
such school ten or more children residing in the district 
who are seven years old and under sixteen years old; and 
to maintain six months of school if there are less than 
ten such children for each such school: Provided, no dis¬ 
trict maintaining more than one rural school shall receive 
a share of apportionment for any school maintained in 
and for a division of territory less than twelve square 
miles; provided further, no district formed after March 
11 , 1913, containing less than twenty square miles, shall 
receive state aid under this and the next two following 
sections. Funds derived from this appropriation can 
be applied only in payment of teachers’ warrants for the 
current year: Provided Pmther, where a di vt-riet c ontai n* 
less than twelve sections e£ land and has voted the maxi mum 
levy in ac cordanc e with the statute, the state sup erintendent 


130 








el pnhlie no*y, v4tb the c ons e n t on4 advice el the 

comity hh ^‘^ i n to 1 i~ 4 ( ■ > n t , n r r a ng o lev the schooling e£ the child- 
pen -in coi4 dhtpict lev the p eriod el tie wit month* op ppe r o t a- 

A 1 A 1 A / ,« / > A 1 r 1 f 1 > 4- 1 t / ^ 1iAAir • -I / wl 4 1 1 l»f 1 > / tl» A 1 T 1 1 / \ 1» /X 4 /-v A~A S~\ - 

TTT Htl U1 UiUtl IV vTTrTT TTTTT TM W • *pT*rf V T vT “ vTj TTTTTTirT y TrTTTTiv TTv/jy \/ 

i I /i An/1 ifi/\p L~i mo 1-" s\ £jad n /\1 a/:1a:i1-a-< a i-U) 3 Ja l' l » t _L H»a n 4, ll 4 i ' 

p, 1 (l|MlT“nT v l ) til. Ill iUll'J 1111 il\ l l U 11' J U1 in u li 11* 1 i TTnptTnniT/TT" ^ i “ v u 

v ;13 3- )/ A V» 1 A A 4 AHA / 1 / A A A 4 j~\ 4~ 1 a M 1 V 1 1 / , A A A lC f A / HI 1 11 O T f -U-jl J_| 1 , ( 1 A ^ 4 A t 1 

r^Ttin r in ! V iu rvii r in t jtttv t it itto t i ttv tilii i ttttt ▼ ttt tittt u i* 'li u ivu 

* w * p 4 *44 te d ie tpi e t * co n t aining lee* t ha n t wedvo section*. 

Sec. 3. That section 6751 of the Revised Statutes of 
1913 is hereby amended to read as follows: 

6751. To determine the amount to be apportioned to 
each district, the county superintendent shall find the 
estimated expenditures of the district for the current 
year and subtract therefrom the estimated income of 
that district from all sources for the same year. The 
estimated income for the current year shall be the sum 
of all moneys belonging to the district, on hand in 
the district and county treasuries, plus the maximum 
amount that can be raised by taxatio n a tax of forty mills 
plus the estimated apportionment of state school funds. If 
said district will not receive any apportionment of money 
from the state school fund, then said apportionment 
shall not be considered in estimating the income for the 
current year. The estimated expenditures for the current 
year shall be the amount necessary to maintain the school 
seven months the length of time required by this act, said 
estimate not to exceed thpee hn n d r ed and eighty-live one 
thousand dollars in districts where there are ten or more 
children, nor seven hundred dollars in districts where 
there are five and less than ten children, nor one hundred 
and twenty dollars for each child in districts where 
there are less than five children, who are seven years old 
and less than sixteen. 

Sec. 4. That sections 6745 of the Revised Statutes of 
1913 as amended by chapter 116 of the laws of 1915 as 
amended by chapter 119 of the laws of 1917 and sections 
6749 and 6751 of the Revised Statutes of 1913 are hereby 
repealed. 


140 










BILL NO. 20. 

RAISING THE MAXIMUM LEVY PERMITTED BY SCHOOL 
DISTRICTS. 

(An amendatory act) 

Abstract of Changes. 

1. The maximum tax levy permitted by school districts having 
less than 150 children of school age is raised from $3.50 to $4.00 
on the $100 of assessed valuation. 

Cross references. 

In connection with this bill, see bill 19, page 136. 

A BILL 

For an Act to amend section 6710 of the Revised Statutes 
of 1913 relating to the estimate and levy for general 
school purposes in school districts, and to repeal said 
^original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 6740 of the Revised Statutes 
of 1913 be amended "o read as follows: 

6740. Trustees of each school district within the 
State of Nebraska shall, prior to the annual school dis¬ 
trict meeting in each year, as provided by law, prepare 
an estimate showing the amount of money required for 
the maintenance of schools during the coming school 
year, and shall determine the amount of money required 
for school maintenance during the coming school year, 
which shall be an amount sufficient to maintain a school 
in the manner and for the time provided by law, and 
the amount of money so required shall be levied as a 
tax upon all of the taxable property of the school dis¬ 
trict: Provided, in districts having four children or less 
of school age, the amount levied shall not exceed the sum 
of four hundred dollars in any year; and in districts 
having more than four and less than sixteen children of 
school age, the levy shall not exceed the sum of fifty 
dollars per child in addition to the above. The amount 
of money so voted as being necessary for the maintenance 
of the school for the coming year shall be certified by 
the district school board to the county clerk of the county 
in which the school district is located and the amount 


141 


shall be levied by the county board on the assessed value 
of the school district, and be collected as other taxes: 
Provided, the amount so levied shall not exceed in any 
one year four dollars on the one hund- 

red dollars valuation as assessed and equalized. 

Sec. 2. That said original section 6740 of the Revised 
Statutes of 1913 is hereby repealed. 


BILL NO. 21. 

SCHOOL HEALTH LAW. 

(Repealing the law of 1919 for physical examination of school 

children.) 

Abstract of Changes. 

1. Provides for a state school Health Director in the depart¬ 
ment of public instruction with high standards of professional 
qualifications 1 . 

2 He shall have supervision over physical examinations of 
school children in the state, measures for the prevention of con¬ 
tagions diseases in schools, construction and sanitation of school 
buildings, and grounds, teaching of school hygiene. 

3. Each school district to employ one or more health officers, 
who must be physicians or registered nurses, on full or part time. 

4. School health officers to examine each child for physical 
defects’ and diseases, to notify parents and advise as to correction 
or prevention. 

5. They shall make sanitary inspections' of school premises 
aiid report. 

6. Two or more boards may combine in the employment of 
health officers. 

7. Adequate provisions are made for enforcement of the act. 

References. 

McKinney Consolidated Laws of N. Y. Vol. 3. Education Law, 
SS: 570-577. 

Birdseye, Consolidated Laws of N. Y. Vol. 2, p 2186, section 541. 
Compiled Statutes of N. J. 1709-1910. Vol. 4, p. 4803, section 229. 
Laws of Pennsylvania, 1919. No. 253. 

Laws of Minnesota, 1913, Chap. 550. 

Laws of Wisconsin, 1919, Chap. 106. 

Manual of Educational Legislation, United States Bureau of 
Education, Bulletin No. 4. 1919. 

Education in Great Britain and Ireland, United States’ Bureau of 
Education, Bulletin No. 9, pp. 15-24. 1919. 

Education in Switzerland, United States Bureau of Education, 
Bulletin, No. 38, pp. 14-19. 1919. 

A BILL 

For an Act to provide for a School Health Director to 
be appointed by the superintendent of public instruc- 


142 



tion, to provide for the standardization and unification 
of school health work in all school districts of the 
state to prescribe penalties for the violation of this 
act and to repeal chapter 241 of the laws of 1919. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. Within thirty days after this law goes into 
effect, a state School Health Director shall be appointed 
by the superintendent of public instruction. The school 
health director shall be a registered physician, who has 
devoted at least five years to the actual practice of the 
medical profession and who has given at least three years 
of full time service to public school health work, or has 
a degree of Doctor of Public Health with two years full 
time service in school health work. 

The duties of said school health director shall be to 
prescribe standard minimum rules and regulations, for 
the use of district school health officers in the state, for 
examining and testing children of school age for physical 
defects and physical and mental disabilities; to co-operate 
with the state bureau of health in the enforcement of 
regulations for the prevention and control of contagious 
and infectious diseases in schools; to prescribe minimum 
sanitary requirements in the construction, remodelling, 
repairing and maintaining of school buildings, school 
equipment, and school grounds; to outline suggestive 
courses of practical school hygiene which may be adopted 
by any school district in the state; to prepare necessary 
report forms for the use of district school health officers; 
and to perform such other duties as are essential for the 
benefits of a standardized modern school health system 
to reach each school child, school teacher and school 
janitor in the state. 

Sec. 2. The standard provisions, rules and regulations 
promulgated by the department of public instruction in 
Section 1, shall have the force of law. Funds for the 
salary and necessary travelling and other expenses, es¬ 
sential for the purpose of carrying out the objects and 


143 


✓ 


intent of tills article, shall be provided out of the funds 
of the state department of public instruction. 

Sec. 3. It shall be the duty of each board of edu¬ 
cation or board of trustees of a school district, in the 
state, to employ as school health officers one or more 
licensed physicians or registered nurses, or both, on full 
or part time as may be necessary for the proper conduct 
of the school health work of its district, except in school 
districts where it is impractible to secure a school health 
officer, as above provided and where a Red Cross nurse 
or a community nurse is available these may act instead 
provided, the school district shares in the expense of this 
service. The school health officer as soon as possible after 
the opening of school shall separately test and examine 
every school child under his or her jurisdiction for de¬ 
fective hearing and discharging or painful ears, defective 
sight and infectious eye diseases including trachoma, 
hypertrophied and diseased tonsils, nasal obstruction, and 
diseased teeth, and said officer shall accurately weigh 
and measure each child under his or her jurisdic¬ 
tion, according to standard rules. The school health of¬ 
ficer, in co-operation with the teacher in each classroom, 
while making the above general examination, shall note 
the child afflicted with a special defect or disability which 
prevents his normal growth and development. If a health 
test or examination reveals that a child is afflicted with 
any of the above defects or disabilities, it shall be the 
duty of the school health officer, principal or teacher to 
notify the parent or guardian of such a child in writing, 
enclosed in a sealed envelope, stating the defect with 
recommendation for its correction and possible preven¬ 
tion. It shall be the duty of the school health officer 
to keep an accurate record of all examinations and tests 
from year to year, as to defects, corrections, growth and 
development of all children under his or her jurisdiction. 
Said school health officer shall make at least two sanitary 
inspections of each school building, its equipment and 
grounds, under his or her jurisdiction, one at the opening 
and the second at the middle of each school year, at which 


144 


time the officer shall note especially the heating, lighting, 
seating, water supply with its drinking and cleaning fa¬ 
cilities, toilets, and safety against tire. Said health 
officer shall report in writing, immediately after such 
sanitary inspection, to the board of education or school 
board of the district, wherein the school building, equip¬ 
ment or grounds failed to meet the minimum state rules 
and requirements applying to the same. Said school 
health officer shall perform such other duties as are es¬ 
sential to carry out the intent of this act. 

Sec. 4. Two or more boards of education or school 
boards may combine in the employment of a school health 
officer or be served by a Red Cross or part-time community 
nurse. The compensation for said school health officer 
and other necessary expenses essential for the purpose of 
carrying out the object and intent of this article, shall 
be borne jointly by such districts and shall be apportioned 
among them according to the assessed valuation of the 
taxable property in the different districts concerned. 

Sec. 5. It shall be the duty of the secretary of the 
board of education or the superintendent or principal of 
schools on or before the first day of September of each 
school year to report to the county superintendent the 
number of school health officers, whether physicians or 
nurses, with their names and addresses, the name of the 
chief medical officer and number of assistants appointed 
for the ensuing year. Said county superintendent shall 
report the summary of such reports to the state director 
of school health before the 1st day of October. If such 
school health service, as is required within this act is 
not provided for by a school district, within thirty days 
after the beginning of the school term, the state director 
of school health, after two weeks written notice, to the 
board of education or school board of said district, shall 
appoint a properly qualified school health officer for the 
district for the remainder of the school term, and shall fix 
the compensation for the same which shall be paid by 
the district. 


145 




Sec. 6. It shall be the duty of every board of edu¬ 
cation or school board in the state to enforce the pro¬ 
visions of this act, A failure on the part of any board of 
education or school board to comply with the provisions 
of this act shall be sufficient grounds for their removal 
from office, or withholding of the public school moneys 
by the state superintendent of public instruction. Any 
person violating the provisions of this act shall be guilty 
of a misdemeanor and upon conviction shall be fined in 
any sum not to exceed one hundred dollars. 

Sec. 7. Each school district shall provide the funds 
required to pay the salaries of one or more school health 
officers on full or part time, necessary assistants and cleri¬ 
cal help and such other expenses as providing forms, test 
cards and other material and equipment essential to carry 
out the purpose and intent of this act. Any board of edu¬ 
cation or school board in the state may make levies, if 
necessary, for carrying out the purpose of this act, over 
and above any levy now authorized for school purposes. 

Sec. 9. Chapter 241 of the laws of 1919 is hereby re¬ 
pealed. 


(B.) Women and Children in Industry. 

(i) Women in Industry. 

BILL NO. 22. 

REGULATING HOURS OF LABOR FOR WOMEN IN INDUSTRY. 
(An amendatory act) 

Abstract of Changes. 

1 The law applies throughout the state, instead of only in 
cities of 5,000 population or over as at present. 

2. New occupations to which the law applies are: theatres, 
concert halls, places of amusement, stores, apartment, office and 
other public buildings, newspaper publishing establishments, bowl¬ 
ing alleys, pool and billiard halls, garages, elevators. 

3 Work day limited to 9 hours as at present. 

4. Work in above occupations prohibited after ten P. M., except 
as a telegraph or telephone operator,—the present exception being 
for all work in public service corporations. 

A BILL 

For an Act to amend section 3564 of the Revised Statutes 
of 1913 -as amended by chapter 71 of the laws of 1915, 


14G 



as amended by section 5 of Article II of Title IV of 
Chapter 11)0 (page 547) of the laws of 1919. 

Be it Enacted by the People of the State of Nebraska : 

Section 1. That section 3564 o£ the Revised Statutes 
of 1913 as amended by Chapter 71 of the Laws of 1915, 
as amended by section 5 of Article II of Title IV of 
Chapter 190, of the laws of 1919 be amended to read as 
follows: 

Sec. 5. 4» m otro pe lit ft n cities and cities the hirst els-ss 

No female shall be employed in any manufa l tering , 

IV f AV r* hiii n/i o I r\ i* r\ r> 4 - 1 I r\ nnf n Ki d ^ i j ivy xxi-i 4- I nmii 1 vu 1 1 a\ 4 1 ai» 

3 aiv V-Ull ITTvcTT vx iri v iv.ii 111J1 it i 11II vl I V j Ii \T u vTi w * 

x»/ a ' Inn -il 4 /ilxi/j / ■> i \ ~i» Lji ni'i xr Lin 1 . K / a n a vtt i aa / t a i»ri/n»n t i . \ 

TTj'TrTTTTTTTTTT j TTTTTv v vi “ y TT 1 I V J7 TTm liL< uTTiv Tvvr v v r p 1/ I ll ulU ” 

theatre, concert hall, place of amusement, mechanical or 
mercantile establishment, store, office, laundry; nor in 
any apartment, office or other public building; nor in anv 
newspaper publishing establishment, bowling alley, pool 
and billiard hall, garage, passenger or freight elevator, fac¬ 
tory or workshop, restaurant or cafe, or by any railway, 
telephone or telegraph companies in this state more than 
nine hours during in any one day, or more than fifty-four 
hours in one week. The hours of each day may be so ar 
ranged as to permit the employment of such female at any 
time from six o’clock A. M. to ten o’clock P. M., but in no 
case shall such employment exceed nine- hours in any 
one day, nor shall such female be employed, except 
fey prddie service eerperetiees, as a telephone or telegraph 
operator, between the hours of 10 p. m. and 6 a. m. 

Sec. 2. That said original section 3564 of the Revised 
Statutes of 1913 as amended by Chapter 71, Laws of 1915. 
as amended by section 5 of Article II of Title IV of 
Chapter 190 (page 547) of the laws of 1919 is hereby 
repealed. _ 


BILL NO. 23. 

PROHIBITING EMPLOYMENT OF WOMEN BEFORE AND AFTER 
CHILD-BIRTH. 

(A new and independent act.) 

Abstract of the bill. 

1. The employment of women in industry is prohibited for a 
period of eight weeks before and twelve weeks after child-birth. 

147 



References. 

This bill is based on the Connecticut law. Connecticut, General 
Statutes, Revision of 1918, Sec. 5309. The principal change is the 
inclusion of beet fields within the operation of the law. 

Five American states have similar laws. Many foreign countries 
have such laws with provision of sick benefits. 

Maternity Benefit Systems in Certain Foreign Countries. United 
States Children’s Bureau. Publication 57. 1915. 

Labor Legislation Review, March-1920, pp. 47-50. 

A BILL 

For an Act to limit and regulate the employment of wo¬ 
men before and after childbirth in industrial establish¬ 
ments and in beet fields and to provide a penalty for 
the violation of this act. 

Be it Enacted by tlve People of the State of Nebraska: 

Section 3. It shall be unlawful for the own^r, pro¬ 
prietor, manager, foreman or other person in authority 
of any factory, mercantile establishment, mill or work 
shop oi* for any proprietor, manager, foreman, lessee or 
contractor engaged in the business of producing beets 
for the manufacture of sugar knowingly to employ a 
woman or permit a woman to be employed in any such 
factory, mercantile establishment, mill, workshop or beet 
field within four weeks previous to confinement or twelve 
weeks after she has given birth to a child. Any person 
who shall violate any provision of this section shall be 
fined not less than ten dollars or more’than one hundred 
dollars, or imprisoned in the Count}'' jail for not more 
than thirty days, or both. 


BILL NO. 24. 

MINIMUM WAGE COMMISSION. 

(A new and independent act.) 

Abstract of the bill. 

1. A minimum wage commission is created in the department 
of labor to consist of three persons appointed by the head of the 
department. 

2. The commission is given full powers to inquire into the cost 
of living in any occupation in which women or minors are employed 
and to fix the minimum rate of wages for any occupation in any 
locality, for women, for minors under sixteen years of age, for 
learners and apprentices. 


148 



3. Special rates of wages may be fixed for workers partially 
incapacitated in any occupation, the number so affected not to exceed 
one-tenth of the employees in any one establishment. 

4. Subject to appeal to the courts, the rates of wages established 
by the commission shall have the force of law and it shall be un¬ 
lawful for any employer to pay less than the amount fixed. 

References. 

National Conference Social Work, 1920, pp. 298-304. 

Laws Affecting Women and Children, Annie G. Porritt, pp. 77- 
89. 

Minimum Wage Laws at Work, Am. Ec. Rev. 1919, pp. 701-38. 

A BILL 

For an Act to protect the health, morals and welfare of 
women and minors employed in industry by establishing* 
a minimum wage commission and providing for the 
determination of minimum wages for women and 
minors and providing penalties for the violation of this 
act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. This act shall be known as the minimum 
wage law of the State of Nebraska. The purposes of the 
act are to protect the women and minors of the State of 
Nebraska from conditions detrimental to their health 
and morals, resulting from wages, which are inadequate 
to maintain decent standards of living; and the act in 
each of its provisions and in its entirety shall be inter¬ 
preted to effectuate these purposes. 

Sec. 2. The term “Commission” means the Minimum 
Wage Commission created by section three; 

The term “woman” includes only a woman of eighteen 
years of age or over; 

The term “minor” means a person of either sex under 
the age of eighteen years; 

The term “occupation” includes a business, industry, 
trade, or branch thereof, but shall not include domestic 
service. 

Sec. 3. A minimum wage commission is hereby cre¬ 
ated, consisting of three commissioners to be appointed 
by the secretary of labor, one of whom shall be a woman, 
and one of whom shall be designated by the secretary of 


149 


labor as chairman. As far as practicable, the members 
shall be so chosen that one will be representative of the 
employees, one of the employers, and one of the public. 
The term of office of appointive members of the commis¬ 
sion shall be three years, except that the first members 
thereof shall be appointed for such terms that the term 
of one member shall expire on January first, nineteen 
hundred and twenty-two, and one on January first of 
each succeeding year. Successors shall be appointed in 
like manner for a full term of three years. Vacancies 
shall be filled in like manner by appointment for the 
unexpired time. The commission may publish an official 
bulletin from time to time and shall make a biennial 
report to the legislature of its investigations and pro¬ 
ceedings, which report shall be ready for submission 
thirty days prior to the convening of the legislature. A 
majority of the members shall constitute a quorum to 
transact business, and the act or decision of such a 
majority shall be deemed the act or decision of the com¬ 
mission; and no vacancy shall impair the right of the 
remaining members to exercise all the powers of the com¬ 
mission. 

Sec. 4. The secretary of labor shall appoint, and may 
at pleasure remove a secretary, and all other employees 
needed to carry out the provisions of this act. The 
authority and duties of all subordinates and employees 
and their compensation within the limits of the amounts 
appropriated therefor shall be fixed by the secretary of 
labor. 

Sec. 5. Each commissioner shall be paid ten dollars 
for each day’s service. The commissioners and their 
subordinates shall be entitled to their actual and neces¬ 
sary expenses while traveling on the business of the com¬ 
mission. All expenses of the^commission shall be paid out 
of the state treasury upon vouchers signed by the chair¬ 
man. 

Sec. 6. The commission shall hold stated meetings at 
least once every three months during the year and shall 
hold other meetings at such times and places as the 

150 


needs of the public service may require, which. meetings 
shall be called by the chairman or by any two members 
of the commission. All meetings of the commission shall 
be called by the chairman or by any two members of the 
commission. All meetings of the commission shall be open 
to the public. The commission shall keep minutes of its 
proceedings, showing the vote of each commissioner upon 
every question and records of its examinations and other 
official action. 

Sec. 7. Any investigation, inquiry or hearing which 
the comission is authorized to hold or undertake, may be 
held or taken by or before any commissioner, and the 
decision, or determination or order of a commissioner, 
when approved and confirmed by the commission and 
ordered filed in its office, shall be deemed to be the de¬ 
cision, determination or order of the commission. Each 
commissioner shall, for the purposes of this chapter, have 
power to administer oaths, certify to official acts, take 
affidavits and depositions, issue subpoenas, compel the 
attendance of witnesses and the production of books, ac¬ 
counts, papers, records and documents before the com¬ 
mission. 

Sec. 8. The commission shall adopt reasonable rules, 
regulating and providing for the method of making in¬ 
vestigations, and conducting hearings, and inquiries for 
carrying into effect the provisions of this chapter. 

Sec. 9. The commission or a commissioner in making 
an investigation or inquiry or conducting a hearing shall 
not be bound by common law or statutory rules of evi¬ 
dence or by technical or formal rules or procedure. 

Sec. 10. The commission may require by subpoena 
the attendance and testimony of witnesses, the production 
of all books, registers and other evidence relative to any 
matters under investigation, at any such public hearing 
of its session. In case of disobedience to a subpoena the 
commission may invoke the aid of the appropriate court 
in requiring the attendance and testimony of witnesses 
and the production of documentary evidence. In case of 
contumacy or refusal to obey a subpoena the court may 


151 


issue an order requiring appearance before the commission 
the production of documentary evidence, and the giving 
of evidence touching the matter in question, and any fail¬ 
ure to obey such an order of the court may be punished 
by such court as a contempt thereof. 


See. 11. The commission may cause depositions of wit¬ 
nesses residing within or without the state to be taken in 
the manner prescribed by law for like depositions in civil 
actions in the appropriate court of the state. 

Sec. 12. Upon request of the commission, the statq 
labor department or other appropriate agency shall gather 
such statistics and information as the commission may 
require. 

See. 13. Every employer of women and minors shall 
keep a register of the names and addresses of and the 
wages paid* to all women and minors employed by him, 
the occupation of each and the number of hours that they 
are employed by the day or by the week, and their actual 
working hours for such periods, and every such employer 
shall on request permit the commission or any of its mem¬ 
bers or its secretary or agents to inspect such register. 
Every such employer shall also furnish in writing to 
the commission any information concerning the foregoing 
matters that the commission may require. 

Sec. 14. The commission shall have power through 
any commissioner or authorized representative to enter 
the place of business of any employer of women and 
minors to inspect and examine any and all books, pay¬ 
rolls and other records that in any way appertain to or 
have a bearing upon the question of wages, hours of labor 
or conditions of labor of any such woman or minor 
workers, and to require from any such employer, full and 
correct statements in writing when the commission so 
deems necessary, of the wages paid to, the hours of labor 
of, and the conditions of labor of all women and minors 
in his employ. 

See. 15. It shall be the duty of the commission, and 
it shall have power to investigate wages and working 
conditions in any occupation in the state in order to de- 


152 


/ 


termine whether wages are paid to women and minors 
employed therein, which are inadequate to supply them 
with the necessary cost of living, to maintain them in 
good health and protect their morals. Such investiga¬ 
tions shall also he made at the request of not less than 
twenty-five persons engaged in any occupation in which 
any woman or minors are employed. The names of the 
persons making such request shall not be made public. 

Sec. 16. The commission in order to determine the 
amount of minimum wage of women workers and minors 
under this act shall investigate the working conditions, 
wages paid to all employees in any occupation investi¬ 
gated in any city, or place in this state where investiga¬ 
tion is had, and in any and all other occupations, wages 
paid women and minors employed in this state, and shall 
hold public hearings to receive evidence, facts and infor¬ 
mation from any source whenever it deems advisable 
in order to determine the amount of minimum wages 
whether by time rate or piece rate, suitable for a female 
employee of ordinary ability in such occupation or any 
branch thereof, and also suitable minimum wage for learn¬ 
ers and apprentices, and the maximum length of time any 
female worker and any minor may be kept at such work 
as a learner or apprentice, and also for minors below the 
age of sixteen years. The commission shall, within thirty 
days after the investigation and public hearing of any such 
occupation or occupations under such investigations as 
herein provided, determine the amount of minimum 
wages, whether by time rate or by piece rate, necessary 
for a female employee of ordinary ability in any occupa¬ 
tion investigated or in any and all branches thereof, and 
also suitable minimum wages for learners, and apprentices, 
amt the maximum length of time any female worker may 
be kept at such work as a learner or apprentice, and also 
such suitable minimum wages or rate of wages for minors 
below the age of sixteen years, and shall order such 
minimum wage, rate of wages, or time of labor as deter¬ 
mined effective at once. All testimony, information and 
facts given to the commission in any investigation as here- 


153 


iii provided or for the purpose of determining minimum 
wages under this act shall be kept on file at the office of 
the commission and open to the public for inspection. The 
commission shall give notice of all public hearings as 
herein provided by publication in such newspapers in the 
state as it may prescribe at least once and not less than 
fifteen days prior thereto, and in any other manner that 
it deems advisable. The commission may make different 
determinations and make different orders for the same 
occupation in different localities in this state when in its / 
judgment different conditions in different localities justify 
such different determinations or orders. The commis¬ 
sion may publish in a bulletin, if it deems advisable, all 
facts and findings in investigations concerning minimum 
wages in any occupation in this state, and may cause 
same to be distributed in such manner as it may deem 
advisable and to the best interest of the citizens of the 
state. The commission shall make and render such orders 
as may be proper or necessary to adopt such mini¬ 
mum rates of wages and carry the same into effect, which 
orders shall take effect not less than thirty days from the 
date of the entry thereof, and shall require all employers 
in the occupation affected thereby to observe and comply 
with said orders. After said orders become effective, it 
shall be unlawful for any employer to violate or dis¬ 
regard any of the terms or provisions thereof or to em 
ploy any woman worker or minor or minors in any occu¬ 
pation covered by said orders for lower wages than are 
authorized or permitted for each respectively therein. 

Sec. 17. In any occupation or branch thereof in which 
a minimum time rate of wages only has been fixed, the 
commission may issue to a woman, whose earning cap¬ 
acity has been impaired by age or otherwise, a special 
license authorizing her employment for a wage less than 
the legal minimum wage, provided that the number of 
such licenses shall not exceed one-tenth of the entire 
number of women and minor workers in any establish¬ 
ment, The commission is also empowered to issue to a 
learner or minor, lawfully employed in any occupation 


154 


or branch thereof a license authorizing his or her em¬ 
ployment for a wage less than the legal minimum wage 
and shall fix the proportion of learners and minors to the 
total working force in any establishment with due re¬ 
gard to the maintenance of the standards of health, morals 
and welfare protected by this act. 

Sec. 18. Whenever a minimum wage rate has been 
established in any occupation, the commission may upon 
the petition of either employer or employees, grant a 
hearing upon said petition and proceed to a determination 
of the wage rate as herein provided for in like cases 
where no such wage rate had ever been established in the 
same manner as provided in Section 16. 

Sec. 19. The commission may inquire into wages paid 
to minors in any occupation in which the majority of 
employees are minors and may, after giving public hear 
ings, if it deems advisable, to hold such public hearings, 
determine the minimum wage suitable for such minors. 
When the commission has made such determinations it 
shall make and render such orders as may be proper and 
necessary to carry the wages thus established into effect 
in the same manner as provided in other cases in this 
act. 

Sec. 20. The commission shall from time to time in¬ 
vestigate and ascertain whether or not employers in the 
State of Nebraska are observing and complying with its 
orders and shall report to the appropriate authority 
all violations of this act. 

Sec. 21. Any person who violates any of the foregoing 
provisions of this act shall be deemed guilty of a mis¬ 
demeanor and upon conviction thereof shall be punished 
for each offense by a fine of not less than fifty dollars 
nor more than two hundred and fifty dollars, or by im¬ 
prisonment for not less than ten days nor more than three 
months, or by both such fine and imprisonment. 

Sec. 22. If any employer shall pay an employee less 
than the minimum wage to which said employee is en¬ 
titled under or by virtue of an order of said commission, 
said employee may recover in a civil action against the 


155 


employer the full amount of said minimum less any 
amount actually paid to said employee by said employer, 
together with costs of suit and such attorney’s fees as may 
be allowed by the court; and any agreement for said em¬ 
ployee to work for less than such minimum wage shall be 
no defense to such action. 

Sec. 23. Any employer who discharges or in any other 
manner discriminates against any employee because such 
employee has testified or is about to testify, or has given 
or is about to give information concerning the conditions 
of such employee’s employment, or because the employer 
believes that the employee may testify or may give infor¬ 
mation concerning the conditions of the employee's em¬ 
ployment in any investigation or proceeding relative to 
the enforcement of this act, shall be guilty of a misde¬ 
meanor, and ui)on conviction thereof, shall be punished 
for each offense by a fine of not less than fifty dollars, 
or by imprisonment for not less than ten days nor more 
than three months, or by both such fine and imprisonment. 

Sec. 24. If any section or subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of 
this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, sent¬ 
ence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 


BILL NO. 25. 

MINIMUM WAGE COMMISSION. 

(An amendatory act) 

Abstract of Changes. 

1. This is a companion bill, to bill 26 amending the article in 
the civil administrative code creating the department of labor so 
as to provide for the creation therein of a minimum wage com¬ 
mission. 


A BILL 

For an Act to amend section 3554 of the Revised Statutes 
of 1913 as amended by section 1 of article 1 of title IV 



of chapter 190 of the laws of 1919 (pages 515 and 549), 

relating to the department of labor and to repeal said 

original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 3554 of the Revised Statutes of 
1913 as amended by section 1 of article 1 of title IV of 
chapter 190 of the laws of 1919 (pages 545 and 546), he 
amended to read as follows: 

Sec. 1. (See Revised Statutes 355-1) The governor, 
through the agency of tlie department of labor created 
by this act, shall have the power: 

1. To foster, promote and develop the welfare of wage 
earners; 

2. To improve working conditions; 

3. To advance opportunities for profitable employ¬ 
ment ; 

4. To collect, collate, assort, systematize, and report 
statistical details relating to all departments of labor, 
especially in its relation to commercial, industrial, social, 
economic and educational conditions, and to the per¬ 
manent prosperity of the manufacturing and productive 
industries: 

5. To acquire and diffuse useful information on sub¬ 
jects connected with labor in the most general and com¬ 
prehensive sense of the word; 

6. To acquire and diffuse among the people useful 
information concerning the means of promoting the ma¬ 
terial, social, intellectual and moral prosperity of labor¬ 
ing men and women; 

7. To acquire and diffuse information as to the con¬ 
ditions of employment and such other facts as may be 
deemed of value to the industrial interests of the state; 

8. To acquire and diffuse information in relation to 
the prevention of accidents, occupational disease and 
other related subjects; 

9. To administer and enforce the workmen's compen¬ 
sation laws or employers’ liability acts of the state, and 
for that purpose the secretary of the department of labor 
shall be the deputy commissioner of labor and eompen- 

1H7 


nation commissi oner, and tlie duty hereby imposed upon 
him, as such, of executing all of the provisions of Article 
VIII, Chapter 35, Revise^ Statutes of Nebraska for the 
year 1913, and any and all act or acts amendatory there¬ 
of. 

10. To administer and enforce the laws pertaining to 
minimum wages for women and minors. 

Sec. 2. That said original section 3554 of the Revised 
Statutes of 1913 as amended by Section 1, of article I 
of title IV of chapter 190 of. the laws of 1919 (pages 
545 and 54G), is hereby repealed. 


(ii) Children in Industry. 

BILL NO. 26. 

CHILD LABOR LAW. 

(A bill to repeal the present and enact a new law.) 

Abstract of Changes. 

1. Children fourteen to sixteen years of age forbidden to work 
in a specified list of harmful occupations (Sec. 1) at any time, or 
at* any occupation during the hours when the public schools are in 
session. Present law permits work, at any time, without restrictions 
as 1 to occupation, except in conditions “dangerous to life or limb, or 
in which health may be injured or morals deprived.’’ 

2. Children under fourteen years of age are forbidden to work 
in restaurants, barber shops and boot-black stands in addition to the 
present prohibition occupations. 

3. Employment certificates required for children fourteen to six¬ 
teen j T ears of age, working during the school year outside of school 
hours, conditioned on regular attendance at school, and on physician’s 
certificate showing fitness for the work, the present law allowing 
permits to work during school hours. 

4 . Hours of labor for children under sixteen years limited to 
eight in one day and forty-eight in one week in any occupation 
instead of a limited list of occupations as in the present law 

5. In beet fields children under twelve years of age are pro¬ 
hibited from working at any time and children from twelve to 
fourteen from working more than six hours per day. 

6. Owners and managers of theatres are held responsible for 
unlawful employment of children therein. 

7. Boys under eighteen years of age are forbidden to be em¬ 
ployed in night messenger service or as bell boy. Girls under twenty- 
one years of age are forbidden to be employed in messenger ser¬ 
vice. 

8. Provision is made for special vacation work permits. 

9. State supervision of enforcement of the act is transferred 
from the department of labor to the child welfare bureau. 

References. 

Administration of Child Labor Laws Federal Children’s Bureau. 
Publication 41. 1919. 


158 



The Child Labor Bulletin. National Child Labor Committee. 
Feb. 1916. 

Child Labor Legislation in the United States. Federal Child¬ 
ren’s Bureau. Publication 10. 1915. 

The States and Child Labor. United States Children’s Bureau. 
Publication 58. 1919. 

National Child Labor Committee Reports: People Who Go to 
Beets. Jan. 1920; Children in Agriculture. Feb. 1918; State Laws and 
Minimum Standards. Jan. 1920. 

The Survey. Dec. 20, 1919, pp. 287-293. 

A BILL 

For an Act to regulate child labor, to prohibit the labor 
of children under certain conditions and in certain oc¬ 
cupations, and to provide penalties for the violation of 
this act and to repeal article III of title IV of chapter 
190 of the laws of 1919 (page 549), and to repeal all 
acts and parts of acts in conflict with this act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. Xo child under sixteen years of age shall be 
employed, permitted or suffered to work at any time in 
any theatre, concert hall, pool hall, bowling allej- or placp 
of amusement or in any hotel, restaurant, laundry, to¬ 
bacco factory, or in any passenger or freight elevator oi 
as a messenger or driver, or in any other occupation de¬ 
clared by the director of the state child welfare bureau 
after an investigation and public hearing, to be injurious 
to life, limb, health or morals of a child under sixteen 
years of age. Xo person, firm or corporation shall employ 
any child under sixteen years of age in any business or 
service whatever during the hours when the public schools 
of the school district in which the child resides are in ses¬ 
sion unless such child under the compulsory school law is 
exempt from attendance at school. 

Sec. 2. No child under fourteen years of age shall he 
employed, permitted or suffered to work in or in con¬ 
nection with any mercantile institution, store, office, 
barber shop, bootblack stand or establishment, manu¬ 
facturing establishment, factory, mill or work shop, or in 
any other occupation declared by the director of the state 
child welfare bureau after investigation and public hear¬ 
ing, to be injurious to life, limb, health or morals of a 
child under fourteen years of age. 


Sec. 3. No child fourteen and under sixteen years 
of age shall he employed, permitted or suffered to work 
in any of the occupations enumerated in section 2 of this 
act unless the person or corporation employing him pro¬ 
cures and keeps on file and accessible to the attendance 
officers of the city and the director of the state child wel¬ 
fare bureau and his assistants and employees an em¬ 
ployment certificate as hereinafter prescribed, and keeps 
two complete lists of all such children employed there¬ 
in, one on file and one conspicuously posted near the 
principal entrance of the building in which such children 
are employed. Upon the termination of the employment 
of a child, so registered, and whose certificate is so 
filed, such certificate shall be forthwith transmitted by the 
employer to the official who had issued it. Any attend¬ 
ance officer, the child welfare bureau or its assistants and 
employees may make demand on any employer in whose 
place of business a child apparently under the age of six¬ 
teen years is employed or permitted or suffered to work, 
and whose employment certificate is not then filed as re¬ 
quired by this section, that such employer shall furnish 
him, within ten days, evidence satisfactory to him that 
such child is in fact over sixteen years of age, and in 
the event of failure to furnish such evidence, the em¬ 
ployer shall be subject to prosecution as provided in this 
act. The same evidence of the age of such child may 
be required from such employer as is required on the 
issuance of an employment certificate as hereinafter pro¬ 
vided, and the employer furnishing such evidence shall 
not be required to furnish any further evidence of the 
age of the chid. In case such employer shall fail to 
produce and deliver to the attendance officer or the di¬ 
rector of the child welfare bureau within ten days after 
demand for the same, such evidence of the age of any 
child as may be required of him under the provisions of 
this act, and shall thereafter continue to employ such child 
or permit or suffer such child to work in such place of 
business, proof of the giving of such notice and of such 
failure to produce and file such evidence shall be prima 


160 


facie evidence in any prosecution brought for a violation 
of this section that such child is under sixteen years of 
age and is unlawfully employed. 

Sec. 4. An employment certificate shall be issued only 
by the superintendent of schools of the school district 
in which the child resides, or by a person authorized 
by him in writing, in metropolitan cities and cities of the 
first class, and in other districts only by the county super¬ 
intendent of schools or by a person authorized by him: 
Provided, no school district officer or other person author¬ 
ized as aforesaid shall have authority to issue such certi¬ 
ficate for any child then in, or about to enter, his own 
employment, or the employment of a firm or corporation 
of which he is a member, officer, or employe or in whose 
business he is interested. The officer or person issuing 
such certificate shall have authority to administer the oath 
provided for therein, or in any investigation or examina¬ 
tion necessary for the issuance thereof. No fee shall be 
charged for issuing any such certificate nor for admin¬ 
istering any oath or rendering any services therein in 
respect thereto. The officer issuing the certificate shall 
establish and maintain proper records where copies of all 
such certificates and all documents connected therewith 
shall be filed and preserved, and shall be provided with 
the necessary clerical services for carrying out the pro¬ 
visions of this act. 

Sec. 5. The person authorized to issue an employment 
certificate shall not issue such certificate, except as pro¬ 
vided in section 10 of this act, until he lias received, 
examined, approved and filed the following papers duly 
executed: the school record of such child, properly filled 
out and signed as provided in this act showing the child 
is regularly attending the public schools or schools of 
equal grade; a passport or duly attested transcript of 
the certificate of birth or baptism, or other religious or 
official record showing the date and place of birth of such 
child. A duly attested transcript of the birth certificate 
filed according to law with a registrar of vital statistics, 
or other officer charged with the duty of recording births, 


181 


shall 'be conclusive evidence of the age of such child. The 
affidavit of the parent, guardian, or custodian of a child, 
may be required, only in case none of the documents men¬ 
tioned above can he produced and filed, showing the 
place and date of birth of such child, which affidavit must 
be taken before the officer issuing the employment certi¬ 
ficate. Such employment certificate shall not be issued 
until there shall have been filed in his office a certificate 
signed by the county or city physician or the school phy¬ 
sician of the district in which the child resides certifying 
that he has examined the child within a period of ten 
days and that, in his opinion, the child has reached the 
normal development of a child of its age, and is in sound 
health and is physically able to perform the work which 
it intends to do. In case a child is to be employed in 
any of the occupations named in section 2 of this act, 
the physician’s certificate shall show that in his opinion 
the child is fourteen years of age or over and an employ¬ 
ment certificate shall not be issued unless the person is¬ 
suing the same is satisfied that the child is at least four¬ 
teen years of age. Whenever the person authorized to 
issue the employment certificate is in doubt about the 
age of a child, he may require the party or parties making 
application for the certificate to appear before the judge 
of the juvenile court, where the question of the age of the 
child shall be determined, and the judgment of the court 
shall be final and binding upon the person issuing the 
certificate. Notice of the hearing before the court shall be 
given to some one of the persons authorized to demand 
inspection of employment certificates. Every employ¬ 
ment certificate shall be signed in. the presence of the 
officer issuing the same by the child in whose name it is 
issued. 

Sec. (>. Such certificate shall state the date and place 
of birth of such child, the color of the hair and eyes, the 
height and weight and any distinguishing facial marks 
of such child and that the papers required by the pre¬ 
ceding section have been duly examined, approved and 
filed, and that the child named in such certificate has 

3 62 


appeared before the officer signing the certificate and been 
examined. 

Sec. 7. Such employment certificate shall be invalid 
after six months from the date of issue unless there shall 
have been filed with the officer issuing such certifi¬ 
cate a new certificate signed by the city, county or 
school physician as herein provided. In any case the 
employment certificate shall not be valid more than six 
months after the date of the last certificate filed by such 
physician. 

Sec. 8. The person issuing an employment certificate 
shall issue such certificate in triplicate on forms pre¬ 
scribed and supplied by the state child welfare bureau. 
One copy of the certificate shall be issued to the applicant, 
one copy sent to the state child welfare bureau and one 
copy retained and kept on file. 

Sec. 9. Regular attendance of a child at any public 
day school or school of equal grade shall authorize the 
issuance of a certificate of employment if all other cer¬ 
tificates are otherwise in due form, and if the child em¬ 
ployed under such certificate shall furnish to his em¬ 
ployer a weekly certificate showing regular attendance 
each week when the school is in session. 

Sec. 10. No person under the age of sixteen years 
shall he employed, suffered or permitted to work in any 
occupation more than forty-eight hours in any one week, 
nor more than eight hours in any one day, nor before the 
hour of six o’clock in the morning, nor after the hour of 
eight o’clock in the evening. No child under fourteen 
years of age shall be employed, permitted or suffered to 
work in any beet field more than six hours in any one 
day nor more than thirty-six hours in any one week. 
Every employer shall post in a conspicuous place in every 
room or place where such children are employed a printed 
notice stating the hours required of them each day, the 
hours of commencing and stopping work, and the time al¬ 
lowed for meals: Provided, that this requirement shall not 
apply to beet fields. A printed form of such notice 
shall be furnished by the state child welfare bureau. 

163 


4 


Sec. 11 No child under twelve years of age shall be 
employed, permitted or suffered to work in any beet 
field. ^ 

Sec. 12. Whoever employs a child and whoever hav¬ 
ing under his control a child permits such child to be 
employed in violation of this act shall, for each offense 
be fined not more than fifty dollars ($50.00), and who¬ 
ever continues to employ any child in violation of either 
or any section of this act after being notified by the at 
tendance officer or by an agent of the state child welfare 
bureau shall, for every day thereafter that such employ¬ 
ment continues be fined not less than five dollars ($5.00 ) 
nor more than twenty dollars ($20.00). The failure of an 
employer of child labor to produce, upon request of a per¬ 
son authorized to demand the same, any employment cer¬ 
tificate or list required by this article shall be prima 
facie evidence of an illegal employment of any child 
whose employment certificate is not produced or whose 
name is not listed. Any corporation or employer re¬ 
taining an employment certificate in violation of this act 
shall be fined ten dollars ($10.00). Every person au¬ 
thorized or required to sign any certificates or statement 
prescribed by this act who knowingly certifies or makes 
oath to any material false statement therein or who vio¬ 
lates any of the provisions of this article, shall be fined 
not to exceed fifty dollars ($50.00). Every person, firm 
or corporation, agent or manager, superintendent or fore¬ 
man of any person, firm or corporation who shall refuse 
admittance to any officer or person authorized to visit 
or inspect any premises or place of business under the 
provisions of this act and to produce all certificates and 
lists he may have, when demanded, after such person 
shall have announced his name and the office he holds and 
the purpose of his visit, or shall otherwise obstruct such 
officers in the performance of their duties as prescribed 
by this act, shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined in any sum not exceeding fifty 
dollars ($50.00) or be imprisoned not to exceed thirty 
days. 


164 


Sec. 13. The presence of a child under sixteen years 
of age, apparently at work in any place in violation of 
the provisions of this act shall be prima facie evidence 
of his employment therein. Attendance officers shall 
visit all places where they have reason to believe that 
children may be employed to ascertain whether any 
children are employed therein contrary to the provisions 
of this act, and they shall report any cases of such illegal 
employment to the state child welfare bureau and to the 
county attorney. 

Sec. 14. Every owner or manager of a theater, concert 
hall, vaudeville house, motion picture house, or other 
place of amusement who shall employ any child under 
sixteen years of age or who shall cause or permit any 
child under sixteen years of age to be employed either 
as an actor or performer or in any other occupation in 
or about such place of amusement owned or managed 
by him shall be guilty of a misdemeanor and upon convic¬ 
tion shall be fined not less than ten dollars ($10.00) nor 
more than one hundred dollars ($100.00). 

Sec. 15. No person under eighteen years of age shall 
be employed as bell boy in a hotel. No boy under eighteen 
years of age shall be employed in the business of de¬ 
livering messages, letters or parcels after nine o’clock 
P. M., or before six o’clock A. M., and no girl under 
twenty-one shall be so employed at any time. 

Sec. 16. No child under sixteen years of age shall be 
regularly employed, permitted or suffered to work in any 
business or service whatever, except agriculture and do¬ 
mestic service, during the vacation of the public schools 
in the district where he resides, unless the person or cor¬ 
poration employing him procures and keeps on file and ac¬ 
cessible to the attendance officers of the city and county, 
and the director of the state child welfare bureau and his 
assistants an employment certificate. The employment 
certificate required in this section shall be issued in the 
same manner, by the same persons and under the same 
conditions except as to age as are prescribed in this act 
except that such permits shall expire when the public 


165 


schools of the district in which they are issued shall open, 
and that the person authorized to issue such employment 
certificate shall not be required to receive the school 
record of such child. 

, Sec. 17. The director of the state child welfare bureau 
shall enforce the provisions of this act and shall have 
authority to appoint such inspectors and assistants as 
may be necessary to secure the enforcement of this act. 
He shall supervise the work of the city and county at¬ 
tendance officers in the enforcement of this act and shall 
make all necessary rules and regulations for carrying 
out the purposes of this act and shall prescribe and sup¬ 
ply to the proper officials blanks for employment certi¬ 
ficates and such other forms as they may require. The 
director of the state child welfare bureau shall have 
authority to forbid the employment of any child und 
sixteen years of age in any place where the surroundings 
are such as to endanger the health, life, limb or morals 
of such child. 

Sec. 18. If any section or subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions 
of this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, sent¬ 
ence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 

Sec. 10. That said Article III, title IV, of chapter 190 
of the laws of 1019 (pages 540-558) and all acts and 
parts of acts in conflict with this act are hereby repealed. 


BILL NO. 27. 

STREET TRADES LAW. 

(A new and independent act.) 

Abstract of the bill. 

1. Boys under twelve and girls under eighteen years of age are 
prohibited from working as newsboys, bootblacks, peddlers, etc. 

2. Boys 12 to 16 years of age may be so employed only outside 
of school hours, and not at night. 

3. Such boys must secure a badge, as 1 employment certificates 
are secured (Bill 22) conditioned on proof of age. physical fitness 
to do the work, and attendance at school. 


166 



I 


4. Regulation as to badges: The purpose being to protect the 
boy, secure his cooperation in enforcing the law and promote pride 
and interest in the calling. 

Cross references. 

In connection with this bill, see bills 17 and 22. 

References. 

National Humane Review. Jan. 1920. 

Am. Child, 1: 123-9. Aug. 1919 

A BILL 

For an Act to limit and regulate certain occupations of 
children in streets and public places. 

]>° it Enacted by the People of the Elate of Nebraska: 

Section 1. ^o boy under sixteen years of age, and no 
girl under eighteen years of age, shall be employed or 
permitted or suffered to work in the occupation of ped¬ 
dling, boot-blacking or distributing or selling newspapers, 
magazines, periodicals or circulars in a street or public 
place, except that boys between twelve and sixteen years 
of age may engage in the occupations of distributing and 
selling newspapers, magazines, periodicals and circulars 
which are by law permitted to be distributed and sold, 
upon the following conditions: 

Sec. 2. Any boy between twelve and sixteen years 
of age, upon application to the school authorities as in 
the case of an employment certificate, and upon compli¬ 
ance with all the requirements for the issuance of an 
employment certificate except the educational require¬ 
ment may receive from the officer authorized to issue em¬ 
ployment certificates a badge which shall authorize the 
recipient to engage in the occupations excepted in sec¬ 
tion 1, at such time or times between six o’clock A. M., 
and eight o’clock P. M., in each day that the public 
schools of the city where such boy resides are mot. in ses¬ 
sion, but at no other time, provided, that a boy wlio has 
received a badge may sell after eight o’clock in the Even¬ 
ing extra editions of daily newspapers published after 
seven o’clock in the evening of the day of sale; provided, 
however, that nothing herein contained shall be construed 
to permit the violation of a curfew ordinance of any 
city, or to prevent any boy twelve years of age or over 
front distributing newspaper, magazines of periodicals 

167 


to regular subscribers at their residences or established 
places of business without securing such badge. 

Sec. 3. A deposit of fifty cents shall be made for the 
use of each badge, to be held by the officer issuing the 
badge and refunded upon the return thereof. Badges 
shall not be transferable, and shall be good only in the 
city in which they are issued. They shall be displayed 
conspicuously by the recipient while engaged in any of 
the occupations aforesaid, and nothing herein shall be 
construed to permit the holder of a badge to engage in 
any occupation specified herein except when actually dis¬ 
playing his badge. All badges shall be renewed annually 
during the first week in January. All badges issued in 
the same calendar year shall be the same in color and 
design and shall be conspicuously different from those 
issued the preceding year. No boy to whom a badge 
has been issued as provided herein shall permit the same 
to be worn or used by another. 

Sec. 4. No boy to whom a badge has been issued as 
provided herein shall at any time while engaged in any of 
the occupations specified herein wilfully disturb or annoy 
persons or unduly obstruct the passage on any sidewalk 
or entrance to any building. 

Sec. 5. Any badge issued as provided herein may be 
recalled at the discretion of the officer issuing the same; 
and on adjudication of delinquency against any boy to 
whom a badge has been issued pursuant to the provisions 
of this act, the court may, in addition to such other cor¬ 
rection as may be deemed advisable, require him to sur¬ 
render such badge for a period to be determined by the 
court. 

Sec. 6. It is hereby declared unlawful for any person 
at any time to sell or cry for sale in any public place 
any newspaper knowingly representing the same to be an 
extra ,when such paper is not in fact an extra, or other¬ 
wise to misrepresent his wares. 

Sec. 7. Any child who persistently violates any of the 
provisions of this act shall be deemed delinquent. The 
school attendance and truant officers, probation officers 
and the members and agents of county and city boards 
of welfare shall enforce this act. 

• 168 


Chapter III. 

HEALTH AND RECREATION. 
(A.) Health Measures. 


BILL NO. 28. 

MATERNITY HOMES. 

(A bill to repeal the present law and enact a new law.) 
Abstract of Changes. 

1. The bill deals with maternity homes alone while the present 
law includes infant boarding homes. 

2. The bill applies to all maternity homes in the state, while 
the present law does not apply to those incorporated under the 
laws of Nebraska. 

2. Such homes shall not be licensed unless their medical staff 
includes one or more licensed physicians and one or more registered 
nurses. 

4. Requirements as to inspection? records and reports are more 
stringent than in the present law. 

5. Every birth shall be attended by a legally qualified physician 
and registered nurse. 

6. Special provisions' made for reporting cases of unfiliated 
children to state child welfare bureau. 

7. All information regarding inmates reported to the bureau 
to be confidential. 

8. Enforcement of this act placed with the state child welfare 
bureau. 

References. 

Maternal Mortality. United States Children’s Bureau. Bulletin 
19. 1917. 

Maternity and Infant Care in Two Rural Counties in Wisconsin. 
United States Children’s Bureau. Publication 46. 1919. 


A BILL 

For an A'£t to define maternity hospitals, to provide for 
the regulating and licensing of the same, to prescribe 
penalties for the violation of this act and to repeal 
sections 2758, 2759, 2760, 27G1, 2762, 2763, 2761, 2765, 
2766, 2767, 2768, 2769 and 2770 of the Revised Statutes 
of 1913 as amended by Division X of Article II of 
Title I, of Chapter 190 of the laws of 1919, (pages 
785-789) and to repeal all acts and parts of acts in con¬ 
flict with this act. 


169 


Be it Enacted by the People of the State of Nebraska: 

Section 1. Any person who receives for care and treat¬ 
ment during pregnancy or during delivery or within ten 
days after delivery, more than one woman within a period 
of six months, except women related to him or her by 
blood or marriage, shall be deemed to maintain a mater¬ 
nity hospital. The word “person” where used in this 
act shall include individuals, partnerships, voluntary as¬ 
sociations and corporations; provided, however, that this 
act shall not be construed to relate to any institution 
under the management of the state board of control or its 
officers or agents. 

Sec. 2. The state child welfare bureau is hereby em¬ 
powered to grant a license for one year for the conduct 
of any maternity hospital that is for the public good and 
whose medical staff includes one or more registered 
nurses and one or more licensed physicians; and it shall 
be the duty of the bureau to prescribe such general regu¬ 
lations and rules for the conduct of all such hospitals as 
shall be necessary to effect the purposes of this act and 
all other laws of the state relating to children so far as 
the same are applicable, and to safeguard the well-being 
of all infants born therein, and the health, morality and 
best interests of the parties who are inmates thereof. No 
maternity hospital shall receive a woman for care*therein 
without first obtaining a license to conduct such hospital 
from said child welfare bureau. No such license shall be 
issued unless the premises are in fit sanitary condition 
and such license shall have been approved by the local 
board of health. The license shall state the name of the 
licensee, designate the premises in which the business 
may be carried on, and the number of women that may be 
properly treated or cared for therein at any one time. 
Such license shall be kept posted in a conspicuous place 
on the licensed premises. No greater number of women 
shall be kept at any one time on the premises for which 
the license is issued than is authorized by the license and 
no woman shall be kept in a building or place not desig¬ 
nated in the license. A record of the license so issued 


170 


sliall be kept by the child welfare bureau, which shall 
forthwith give notice to the local board of health of the 
city, village or town in which the licensee resides of the 
granting of such license and the conditions thereof. The 
license shall be valid for one year from the date of the 
issuance thereof. The child welfare bureau may, after 
due notice and hearing revoke the license in case the per¬ 
son to whom the same is issued violates any of the pro¬ 
visions of this act, or when, in the opinion of said bureau 
such maternity hospital is maintained without due regard 
to sanitation and hygiene, or to health, comfort or well¬ 
being of the inmates or infants born to such inmates or in 
case of violation of any law of the state in a manner dis¬ 
closing moral turpitude or unfitness to maintain such 
hospital or that any such hospital is conducted by a per¬ 
son of ill repute or bad moral character. 

Written charges against the licensee shall be served 
upon him at least three days before hearing shall be had 
thereon and a written copy of the findings and decision 
of the bureau upon hearing shall be served upon the 
licensee in the manner prescribed for the service of sum¬ 
mons in civil actions. 

Any licensee feeling himself aggrieved by any decision 
of the bureau may appeal to the district court by filing 
with the clerk thereof in the county where his hospital 
is situated within ten days after written notice of such 
decision, a written notice of appeal specifying the grounds 
upon which the appeal is made. 

The appeal may be brought on for hearing in a sum¬ 
mary manner by an order to show cause why the decision 
of the bureau shall not be confirmed, amended or set 
aside. The written notices and decisions shall be treated 
as the pleadings in the ease and may be amended in the 
discretion of the court. The issues shall be tried anew by 
the court and findings shall be made upon the issues 
tried. 

Either party may appeal to the supreme court from the 
determination of the district court within five days after 
notice of filing the decision, in the manner provided for 
appeals in civil actions. 


171 


No revocation of license shall become effective until any 
appeal made shall have (been determined. In case of the 
revocation of a license, the child welfare bureau shall 
make a notation thereof upon its records and give written 
notice of such revocation to the licensee by delivery of a 
copy of revocation to the licensee, or leaving a copy there¬ 
of with a person of suitable age and discretion living upon 
the premises. In case of revocation the child welfare 
bureau shall also notify the local board of health of the 
city, village or town in which the hospital is situated. 

Sec. 3. No person, as an inducement to a woman to 
go to any maternity hospital during confinement, shall 
in any way offer to dispose of any child or advertise 
that he will give children for adoption or hold himself 
out as being able to dispose of children in any manner. 

Sec. 4. The Child welfare bureau may prescribe forms 
for the registration and record of persons cared for in 
any such hospital, and the licensee shall be entitled to 
receive gratuitously from the bureau a book of forms for 
such registration and record. Each book shall con tail) 
a printed copy of this act. The licensee of a maternity 
hospital shall keep a record in the form to he prescribed 
by said bureau, wherein shall be entered the true name 
of every patient, together with all her places of residence 
during the year preceding admission to said hospital, the 
name and address of the physician or midwife who .at¬ 
tended at each birth taking place at such hospital,, or 
who attended any sick infant therein, and the name and 
address of the mother of such child : the name and age 
of each child who is given out, adopted or taken away to 
or by any person, together with the name and residence 
of the person so adopting or taking away such child, and 
such other information as will be within the knowledge of 
the licensee and as the bureau shall prescribe and the 
licensee shall report these facts to the bureau of child wel¬ 
fare on the first of every month. 

Sec. 5. Every birth occuring in a maternity hospital 
shall be attended by a legally qualified physician and 
registered nurse. The licensee owning or conducting 


172 


sucli hospital shall within twenty-four hours after a 
birth occurs therein in addition to the report required 
to be filed with the local registrar of vital statistics, 
make a written report thereof to the child welfare bureau, 
giving the name of the mother, the sex of the child and 
such additional information as shall be within the know¬ 
ledge of the licensee and as may be required by the 
bureau. The licensee owning or conducting any such hos¬ 
pital shall immediately after the death in a matem»t t y 
hospital of a woman, or an infant born therein or 
brought thereto, cause notice thereof to be given to the 
local board of health of the city, village or town in which 
such hospital is located. 

Sec. 6. The officers and authorized agents of the child 
welfare bureau and the local board of health of the city, 
village or town in which a licensed maternity hospital is 
located, may inspect such hospital at any time and ex¬ 
amine every part the eof. The officers and agents of the 
child welfare bureau may call for and examine the 
records which are required to be kept by the provisions 
of this act and inquire into all matters concerning such 
hospital and patients and infants therein; and the said 
officers and authorized agents of the state child welfare 
bureau shall visit and inspect such hospitals at least once 
every six months and shall preserve reports of the con¬ 
ditions found therein. The licensee shall give all reason- 
aide information to such inspectors and afford them every 
reasonable facility for viewing the premises and seeing 
the patients therein. 

Sec. 7. Whenever a woman, who within ten days after 
delivery of a child, or a woman who is pregnant, is re¬ 
ceived for care in a maternity hospital, the licensee of 
such maternity hospital or the ,officer in charge of such 
hospital, shall use due diligence to ascertain whether 
such child is an unfiliated child and if there is 
reason to believe that such child is unfiliated or when 
born will be unfiliated, such licensee shall report to the 
state child welfare bureau forthwith the presence of such 
woman, together with such other information as shall be 

173 


within the knowledge of the licensee and as the bureau 
may require. 

Sec. 8. No officer or agent of the state child welfare 
bureau or the local boards of health of the city, village 
or town where such licensed hospital is located, or the 
licensee of such a hospital, or any of its agents, shall 
directly or indirectly disclose the contents of the records 
herein provided for, or the particulars entered therein, 
except upon inquiry (before a court of record, at a cor¬ 
oner’s inquest or for the information of the state child 
welfare bureau of the local board of health of the village, 
city or town in which said hospital is located: Provided, 
however, that nothing herein shall prohibit the child 
welfare bureau, with the consent of any patient in such 
hospital, disclosing such facts to such proper persons as 
may be in the interest of such patient or the infant born 
to her. 

Sec. 9. In a prosecution under the provisions of this 
act or any penal law relating thereto a defendant who 
relies for defense upon the relationship of any woman 
or infant to' himself, shall have the burden of proof. 

Sec. 10. Every person who shall maintain a maternity 
hospital without securing a license as provided in this act 
or who shall violate any of the provisions of this act 
shall upon conviction be guilty of a misdemeanor and 
shall be punished by a fine of not less than twenty-five 
dollars nor more than one hundred dollars or by imprison¬ 
ment in the county jail not less than ten days or more 
than three months or both fine and imprisonment at the 
discretion of the court. It shall be the duty of the health 
officer of any city or county or of any person knowing of 
any violations of this act to report the same to the state 
child welfare bureau. It shall be the duty of the child 
welfare bureau to investigate all such reports and to 
make independent investigations and if evidence is found 
of violations of this act to file complaints with the county 
attorney of the county in which such violation is found. 

Sec. 11. If any section or subdivision of this act is 

fen* any reason HelW to tie nnWjVisttfntiritrnl, tent’ll deeision 

174 


shall not affect the validity of the remaining portions 
of this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, sent¬ 
ence, clause,,and phrase thereof, irrespective of he fact 
that any one or more sections, subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 

Sec. 12. That sections 2758, 2759, 27G0, 2761, 2762, 
2763, 2764, 2765, 2766, 2767, 2768, 2769 and 2770 of the 
Revised Statutes of 1913 as amended by Division X of 
Article II of Title VI, of Chapter 190 of the laws of 
1919 (pages 785-789) and all acts and parts of acts in 
conflict with this act are hereby repealed. 


BILL NO. 29. 

CHILDREN’S BOARDING HOMES. 

(A new and independent act.) 

Abstract of Changes. 

1. This act provides definitely and clearly for the regulation 
of boarding homes for children under five years of age, while under 
the present law only partial and indefinite provisions are included 
under the law relating to maternity homes. 

2. Boarding homes are required to be licensed by the state 
child welfare bureau under regulations determined thereby. 

3. Standards as to cleanliness, sanitation, health conditions', 
physical and moral welfare of inmates, etc., are established. 

4. Full records and reports to the bureau regarding children 
admitted and removed from boarding homes are required. 

5. Special attention to the reporting of unfiliated children is 
required. 

6. All information reported to the bureau shall be confidential. 

A BILL 

For an Act to define, license and regulate children's 
homes, and to provide penalties for the violation of this 
act. 


Be it Enacted by the People of the State of Nebraska: 

Section 1. Any person who receives for care or treat¬ 
ment or has in his custody at any one time three or more 
children under the age of five years, unattended by a 
parent or guardian, for the purpose of providing them 
with food, care and lodging, except children related to 
him by bfodd or marriage, shall be dbtuned to maintain 


175 


i 



a children’s home. The word “person” where used in this 
act shall include individuals, partnerships, voluntary 
associations and corporations; provided, however, that 
this act shall not be construed to relate to any institu¬ 
tion under the management of the state board of control 
or to its officers or agents, nor^to any person who has 
received for care alone, children from not more than one 
family during any period of three months. 

Sec. 2. The state child welfare bureau is hereby em¬ 
powered to grant a license for one year for the conduct 
of any children’s home that is for the public good and is 
conducted by a reputable and responsible person; and it 
shall be the duty of the bureau to provide such general 
regulations and rules for the conduct of all such homes as 
shall be necessary to effect the purposes of this act and all 
other laws of the state relating to children so far as the 
same are applicable, and to safeguard the well-being of 
all children kept therein. No person shall receive a 
child for care in any such children’s home without first 
obtaining from said bureau a license to conduct such 
children’s home. No such license shall be issued unless 
the premises are in a fit sanitary condition and the ap¬ 
plication for such license shall have been approved by 
the local board of health. The license shall state the name 
of the licensee, the particular premises in which the 
business may be carried on, and the number of children 
that may be properly boarded or cared for therein at any 
one time; and such license shall be kept posted in a 
conspicuous place on the licensed premises. No greater 
number of children shall be kept at any one time on the 
premises than is authorized by the license and no child 
shall be kept in a building or place not designated in tin? 
license. A record of the licenses so issued shall be kept 
by the child welfare bureau which shall forthwith give 
notice to the local board of health of the city, village or 
town in which the licensee resides of the granting of such 
license and the conditions thereof. The license shall be 
valid for one year from the date ^f issue. The state child 
welfare bureau may, after due notice and hearing, revoke 


176 


4 

the license if any provision of this chapter is violated, or 
when, in the opinion of said bureau such children’s home 
is maintained without due regard to sanitation and hy¬ 
giene or to the health, comfort, morality or well-being 
otf the inmates thereof, or in case of the violation of any 
law of the state, in a manner disclosing moral turpitude 
or unfitness to maintain such home or upon evidence 
that any such home is conducted by a person of ill-repute 
or bad moral character. Written charges against the 
licensee shall be served upon him at least three days be¬ 
fore hearing shall be had thereon and a written copy of 
the findings and decision of the bureau upon hearing 
shall be furnished the licensee on demand. 

Sec. 3. The state child welfare bureau may prescribe, 
for the registration and record of children cared for in 
such home and the licensee shall be entitled to receive 
gratuitously from the child welfare bureau a book of 
forms for such registration and record. Each book shall 
contain a printed copy of this act. The licensee of a 
children’s home shall keep a record in a form to be 
prescribed by the state child welfare bureau wherein 
shall be entered the name and age of each child received 
or cared for in such home, together with the names and 
addresses of the parents and the name and address of 
the person bringing the child to the home; the name of 
any physician attending any sick child in the home; the 
name and age of each child’who is given out to be 
adopted or taken away by any person, together with the 
name and residence of the person so adopting or taking 
away such child and such other information as the bureau 
shall prescribe. The licensee immediately after the death 
in a children’s home of a child shall cause notice thereof 
to be given to the local board of health of the city, village 
or town in which such home is located. 

Sec. 4. The officers and authorized agents of the state 
child welfare bureau and the local board of health of the 
several cities, villages and towns of the state in which a 
licensed children’s home is located may inspect such 
home at any time and examine every part thereof. The 

177 


officers and agents of the state child welfare bureau may 
call for and examine the records which are required to he 
kept by the provisions of this act and inquire into all 
matters concerning such home and the children therein; 
and the officers and agents of the state child welfare 
bureau shall visit and inspect such homes at least once in 
every six months and shall make, and the bureau shall 
preserve, reports of the conditions found therein. The 
licensee shall give all reasonable information to such in¬ 
spectors and afford them every reasonable facility of 
viewing the premises and seeing the inmates. 

Sec. 5. Whenever a child is received for care in a 
children’s home, the licensee of such home shall use due 
diligence to ascertain whether such child was born in 
lawful wedlock and in case there is any reason to believe 
that such infant was not 'born in lawful wedlock, then 
and in such case such licensee shall notify the child wel¬ 
fare bureau thereof and furnish said bureau with such 
information bearing on such questions as may have come 
to the knowledge of the licensee or any officer or agent 
of any such home. 

Sec. 6. No officer, agent, or employee of the state child 
welfare bureau or the local boards of health of the city, 
village or town where such licensed home is located, or 
any person who has held such position, shall directly or 
indirectly disclose the contents of the records herein pro¬ 
vided for, or the particulars entered therein, or facts 
learned about the inmates thereof, except upon inquiry 
before a court of record, at a coroner’s inquest or before 
some other tribunal, or for the information of the state 
child welfare bureau or local board of health of the 
village, city or town in which said home is located: Pro¬ 
vided, however, that nothing herein shall prohibit the 
child welfare bureau from disclosing such facts with the 
consent of a parent of said child to such proper persons 
as may be in the interest of any child maintained in said 
home. 

Sec. 7. In a prosecution under the provisions of this 
act or any penal law relating thereto, a defendant who 


178 


relies for defense upon the relation of any child to him¬ 
self, shall have the burden of proof as to such relation¬ 
ship. 

Sec. 8. Every person who violates any of the provis¬ 
ions of this act shall upon conviction be guilty of a mis 
demeanor, and shall be punished by a tine of not less than 
twenty-five dollars nor more than one hundred dollars. 


BILL NO. 30. 

LICENSING MIDWIVES. 

(A new and independent act.) 

Abstract of the bill. 

1. For the regulation of the practice of midwifery the board of 
examination and licensure in the department of public welfare is 
authorized to conduct examinations, require qualifications, and issue 
licenses to midwives. 

2. It is made unlawful to practice without such license after 
six months from the passage of the act. 

3. The board may make rules for the supervision ar.d inspection 
of the work of licensees 

References. 

This law is based on the Pennsylvania law, Purdon’s Digest, 6: 
6608-12. 

American Association for Study and Prevention of Infant Mor- 
talty, Report. Baltimore. 1915, pp. 105-132. 

Pennsylvania. Bureau of Medical Education and Licensure. 
Bulletin 11. Harrisburg. 1920. 

A BILL 

For an Act to provide for the licensing of mid wives, for 
the collection of fees, and to fix penalties for the viola¬ 
tion of the act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. From and after six months after the date 
of the passage of this act, it shall be unlawful for any 
person, except a duly licensed physician, to practice mid¬ 
wifery in this state before receiving a certificate from the 
department of public welfare, to do so. 

Sec. 2. The board of medical examination and licen¬ 
sure in the department of public welfare shall constitute 
an examining board who shall require such qualifications 
and prescribe such examination as are, in their opinion, 
necessary to determine the fitness of applicants to prac- 


179 



tice midwifery. The department of public welfare%shall 
formulate and issue such rules and regulations and pro¬ 
vide such methods of supervision and inspection of mid¬ 
wives as may be necessary for the proper conduct of the 
practice of midwifery by midwives. Said department of 
public welfare shall issue licenses to mid wives having 
fulfilled the requirements laid down by the examining 
board, which licenses shall be revokable by the depart¬ 
ment of public welfare on proof of violation of any of 
its rules and regulations. The department of puLlic 
welfare may refuse to grant a license to any person ad¬ 
dicted to the use of alcohol or narcotic drugs or who may 
have been guilty of a crime involving moral turpitude: 

Sec. 3. Each and every applicant for license to prac¬ 
tice midwifery shall pay to the department of public 
welfare the sum of ten dollars at the time of making such 
application. 

Sec. 4. Out of the funds coming into the hands of the 
department of public welfare as fees for the examination 
of midwives each member of the examining board shall 
receive as compensation ten dollars for each day actually 
spent in attending meetings in the discharge of the duties 
of his office and the actual expense of each member of 
said board of examiners in traveling to and from the 
place of meeting and while attending such meeting of 
said examining board. 

Sec. 5. Any person practicing midwifery as a profes¬ 
sion or advertising herself as a midwife without first 
obtaining a license aforesaid, shall be deemed guilty of a 
misdemeanor and upon first conviction shall be punished 
by fine of not less than ten dollars nor more than fifty 
dollars. For a second conviction under this section the 
person convicted shall be punished by a fine of not less 
than ten dollars nor more than fifty dollars, or by im¬ 
prisonment in the county jail not less than ten days nor 
more than sixty days, or by bdth fine and imprisonment 
in the discretion of the judge. 

Sec. 6. Any female person other than those regularly 
licensed to practice obstetrics who shall attend a woman 


180 


iii childbirth, for hire, or who shall make a practice of 
attending women in childbirth, gratuitously or for hire 
shall be regarded as a midwife within the meaning of this 
act: Provided, that nothing in this section shall prevent 
anyone licensed to practice obstetrics from practicing 
midwifery ; nor to prohibit a student of medicine matric¬ 
ulated at and in attendance at a legally incorporated 
medical school or college recognized and approved by the 
department of public welfare from practicing obstetrics, 
under the supervision of the faculty of the medical school 
or college in which he is a duly registered student. 

Sec. 7. Every person, who shall receive a license as 
provided in this act, shall before engaging v in the prac¬ 
tice of midwifery in any city, town or county in this 
state, file such license or a copy thereof in the office of 
the county clerk in the county in which she resides or in¬ 
tends to practice. Such license or copy shall be filed by 
the county clerk and by him recorded in a book kept by 
him properly indexed known as the “Physicians’ Reg¬ 
ister” and for such services the county clerk shall receive 
from the applicants the same fees as allowed for re¬ 
cording a physician’s license. 


(B.) Recreation. 

BILL NO. 31. 

POOL HALLS. 

(An amendatory act.) 

Abstract of Changes. 

1. Pool halls and pool tables to be included in the statute, relat¬ 
ing to billiards, prohibiting minors under the age of eighteen from 
playing. 

A BILL 

For an Act to amend section 8813 of the Revised Statutes 
of 1913 and to repeal said original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 8813 of the Revised Statutes 
of 1913 be amended to read as follows; 


181 



8813. If any owner or keeper of a billiard, saloon, 
or pool hall or any owner or keeper of a billiard or pool 
table, at any ev etke* 5 public place, shall permit 

or suffer any minor under the age of eighteen years to 
play at any game of billiards in such groeerw , 
pool hall, billiard hall or public place or upon such 
billiard or pool table, or to remain or be in or upon the 
premises so occupied by him as such billiard, saloon 
or pool hall or in which shall be such billiard or pool 
table as aforesaid, every such person or persons shall 
forfeit and pay a fine of twenty dollars for the first offense 
and fifty dollars for each succeeding offense. 

Sec. 2. That said original section 8813 of the Revised 
Statutes of 1913 is hereby repealed. 


BILL NO. 32. 

STATE BOARD OF INSPECTORS OF MOTION PICTURES 
(A new and independent act.) 

Abstract of the bill. 

1. A bureau of inspection of motion pictures is established in 
the department of public welfare, with a board of inspectors consist¬ 
ing of three members appointed by the head of the department. 

2. All motion picture films and advertising matter must be ap¬ 
proved by the board before being exhibited in the state, and the 
statement of approval must be shown on the screen. 

3. No other statement of approval may be shown. 

4. The board shall approve such films as are “moral and proper” 
and disapprove such as are sacriligious, obscene, indecent, immoral, 
or tend to corrupt morals or incite to crime. 

5. The board shall issue a bulletin showing eliminations, reje r 
tions, and classification of films approved. 

6. The board may appoint necessary assistants including ir 
3 sectors to enforce the law. 

7. Fees are to be charged for all inspections, to be transmitted 
to the state treasury. 

8. Provisions are made for appeal to the courts. 

References. 

House of Rep. 63rd Cong. Motion Picture Commis'sion. Hearings. 
No. 2. 1914. 

Annual Reports of State Board of Censors. Penn. 

Annual Report of Board of Review, Kansas. 

A BILL 

For an Act relating to motion picture films, reels, and 
views, providing a system of examination, approval 

m 



and regulation thereof, and of the banners, posters and 
other advertising matter used in connection therewith; 
creating a Bureau of Inspectors of Motion Pictures in 
the Department of Public Welfare and providing penal¬ 
ties for the violation of this act. 

B( it Enacted by the People of the State of Nebraska: 

Section 1. That the word “film” as used in this act 
means what is usually known as a motion picture film. 
The word “reel” as used in this act means one thousand 
feet of film, or fraction thereof. That the word “view” 
as used in this act means What is usually termed a 
stereoptican or lantern slide. The word “person” as used 
in this act includes an individual, association, co-partner¬ 
ship, or a corporation. 

Sec. 2, It shall he unlawful after the expiration of 
ninety days after this act goes into effect for any per¬ 
son to sell, lease, lend, exhibit or use any motion picture 
film, reel or view in Nebraska unless the said film, reel 
or view lias been submitted by the exchange, owner or 
lessee of the film, reel or view to, and duly approved by 
the Nebraska Board of Inspectors of Motion Pictures 
hereinafter in this act called the Board. This section 
shall not apply to local announcements and local ad¬ 
vertising slides. 

Sec. 3. There is hereby created in the state deport¬ 
ment of public welfare a Bureau of Inspectors of Motion 
Pictures. Within ten days after this act goes into effect 
the child welfare council of the state child welfare bureau 
shall nominate not less than six residents who are citizens 
of the state from whom the secretary of the state depart¬ 
ment of public welfare shall appoint three, not more than 
two of whom shall be of one sex, as members of the 
Board of Inspectors of said bureau. One member shall 
be appointed for a term of one year, one for a term of 
two years, and one for a. term of three years. Thereafter 
the secretary of the department of public welfare shall 
appoint the members of said board nominated in said 
manner for regular terms of three years each, and in case 
of vacancy for the unexpired term. A vacancy shall not 


183 


0 


impair the right and duty of the remaining members to 
perform all the functions of the board. Persons ap¬ 
pointed as members of the board shall be well qualified by 
education and experience to serve on said board and any 
member may he removed therefrom at any time for cause, 
upon due notice and hearing by the secretary of the 
department of public welfare. No person shall be eligible 
to serve on said board who has any financial interest in 
the manufacture, distribution or exhibition of motion 
picture films, reels, or views. 

Sec. 4. The board shall procure and use an official 
seal which shall contain the words “Nebraska State 
Board of Inspectors” together with such design engraven 
thereon as the Board may prescribe. 

Sec. 5. The Board shall examine, or supervise the ex¬ 
amination of all films, reels, or views to be exhibited or 
used in Nebraska and shall approve such as are moral 
and proper, and shall disapprove such as are sacriligious, 
obscene, indecent, immoral, or such as tend, in the judg¬ 
ment of the Board, to debase or corrupt public morals, or 
tend to incite to the commission of crimes. In passing 
upon any film the Board shall take into consideration the 
fact that children attend exhibitions where the films are 
shown and that they are especially susceptible to im¬ 
pressions. 

Sec. 6. Every person intending to sell, lease, exhibit, 
or use any film, reel or view in Nebraska, shall submit 
the film, reel or view to the Board for inspection, and 
shall make application for such inspection upon a blank 
form to be prescribed by the Board and shall furnish 
with the application a description of the film, reel or 
view and the theme thereof. He shall also furnish a list 
of any changes made in the film, reel or view before 
the same has been submitted for examination by the 
Board, and shall comply with the directions of the 
Board in making required changes before approval by the 
Board of a film, reel or view is given. 

Sec. 7. Upon each film or reel which has been ap¬ 
proved by the Board there shall be furnished and stamped 


184 


the following certificate or statement “Passed by the 
Nebraska State Board of Inspectors” and the Board shall 
also furnish a certificate thereof to the same effect. In 
the case of motion pictures such statement shall be shown 
on the screen following the main title to the extent of 
approximately five feet of film. In the case of slides or 
views each set shall have at least two slides or views 
shown with a similar statement. The display of any offi¬ 
cial certificate, or statement of approval on any film or 
reel displayed in the state other than herein authorized 
is prohibited. 

Sec. 8. The Board shall keep a record of all exam¬ 
inations made by it of films, reels or views; noting on the 
record all films, reels or views which have been approved 
and those that have not been approved, with reason for 
such disapproval. 

Sec. 9. The Board shall report, in writing, annually 
to the governor for the fiscal year on or before the thirty- 
first day of December. The report shall show: 

1. A record of its meetings, and a summary of its 
proceedings during the year immediately preceding the 
date of the report. 

2. The results of all examinations of films, reels, or 
views. 

3. A detailed statement of all prosecutions for viola¬ 
tion of this act. 

4. A detailed and itemized statement of all expendi¬ 
tures made by or on behalf of the Board. 

5. Such other information as the Board may deem 
necessary or useful in explanation of the operations of 
the Board. 

0. Such other information as shall be requested by 
the governor. 

Sec. 10. Each member of the Board shall subscribe 
an oath to perform faithfully the duties of the office and 
furnish a bond to the State of Nebraska for the sum of 
three thousand dollars conditioned on the faithful per¬ 
formance of his duties. The Board shall organize by 
choosing one member as chairman, one as vice-chairman 


185 


and one as secretary, each of whom shall perform the 
usual duties of such office.' Each member shall receive 
an annual salary of $3,000. All fees shall he paid to the 
Board. The Secretary of the Board shall keep a record 
of same and shall transmit each week the fees to the state 
treasurer. 

Sec. 11. The Board shall appoint such operators, 
clerks, inspectors and other employes as may be necessary 
and fix the compensation therefor. These shall hold 
office during the pleasure of the Board. 

Sec. 12. Each member and employee of the Board 
shall be allowed all expenses, actually and necessarily 
incurred by him or her in carrying out the purposes of 
this act. 

Sec. 13. For the examination of each film, the Board 
shall receive, in advance, a fee of not to exceed two 
dollars, for each reel or set of views inspected, whether 
original or copies. The Board shall have authority to 
reduce, from time to time, the examination fee below the 
maximum aforesaid, if and when the fees collected shall 
ho more than sufficient to pay all of the salaries, charges 
and expenses connected with the carrying out of the pro¬ 
visions of this act. 

Sec. 14. Any member or employee of the Board may 
enter any place in the state where films, reels or views 
are exhibited; and such member or employee is hereby 
empowered and authorized to prevent the display or 
exhibition of any film, reel or view which has not been 
duly approved by the Board. 

Sec. 15. It shall be unlawful for any person to hinder 
or interfere in any manner with any member or employee 
of the Board while performing any duties in carrying out 
the intent or provisions of this act. 

Sec. 10. This act shall be enforced by the Board. The 
Board may adopt such reasonable rules and regulations, 
not inconsistent with the laws and constitution of the 
state, as it may deem necessary for enforcing the provi¬ 
sions of this act. 

Sec. 17. The principal office of the Board provided for 
in this act shall be located at Lincoln, Nebraska, and any 


186 


person, company or corporation aggrieved by the action 
thereof, may have redress in the District Court of Lan¬ 
caster County, by commencing proceedings therein within 
sixty days from the action of the Board complained of by 
such person, company or corporation; Provided, however, 
that the beginning or pending of any such proceedings 
shall not abate or suspend the action of the Board until 
the final disposition of such proceedings by the courts. 

Sec. 18. The Board may order a re-examination with¬ 
out fee of any film, reel or view approved by it, upon giv¬ 
ing ten days’ written notice to the owner or lessee of said 
film or reel. At such re-examination the Board may make 
such order as would lie proper upon the original examina¬ 
tion. 

$ec. 19. The Board may, in its discretion, grant, with¬ 
out fee, a special permit for the exhibition of a film, reel 
or view, for purely educational, charitable or religious 
purpose. 

Sec. 20. Any person violating any provision of this 
act or any rule or regulation of the Board, shall be guilty 
of a misdemeanor, and on conviction thereof, shall be 
punished by a fine not exceeding twenty-five dollars for 
the first offense, and not less than one hundred dollars 
nor more than five hundred dollars for such succeeding 
offense, or by imprisonment for not less than thirty days 
and not more than six months in the county jail. Each 
time a film, reel or view or part thereof is exhibited that 
has not been approved or without showing on the screen 
the statement of approval as hereinbefore provided shall 
be deemed a separate offense. 

Sec. 21. Any person exhibiting in public, any mis¬ 
branded film, that is, any film carrying the official ap¬ 
proval of the Board, which approval was not put there 
in accordance with action of the Board, or containing 
any matter not therein contained when the approval was 
granted by the Board, shall upon conviction be deemed 
guilty of a misdemeanor, and punished by a fine of not 
less than fifty dollars or not more than five hundred 
dollars, or by imprisonment in the county jail for not 


187 


less than thirty days and not more than six months, 
and upon conviction the court may order the said mis¬ 
branded him to be destroyed. 

Sec. 22. A copy of all printed, newspaper, photograph, 
lithograph, or other advertising of any film, reel or view 
shall be submitted to said Board and shall be subject 
to its examination and approval. The Board shall make 
necessary rules for the inspection of such advertising 
matter and may disapprove such advertising matter as is 
misleading, immoral or indecent. The advertising of any 
film, reel or view by use of matter not approved by said 
Board, or the advertising of any film, reel or view 
as lias been prohibited by said Board is hereby declared 
to be a misdemeanor and any person convicted thereof 
shall be punished by a fine not exceeding twenty-five 
dollars for the first offense, and upon conviction for the 
second or any subsequent offense shall be punished by a 
fine of not less than one hundred dollars nor more than 
five hundred dollars, or by imprisonment in the county 
jail for not less than thirty days and not more than six 
months, and the court may order the seizure and confis¬ 
cation of said film, reel or view. 

Sec. 23. It shall be the duty of said Board to grade 
and classify in its reports all films, reels or views ap¬ 
proved by them. The Board shall issue bulletins con¬ 
taining lists of all films disapproved all eliminations 
and the grading of all films approved. 

Sec. 24. If any section or subdivision of this act is for 
any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of 
this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, sen¬ 
tence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses or phrases is declared unconstitutional. 




188 


Chapter IV. 

GENERAL CHILD WELFARE. 

(A.) Marriage and Divorce. 

BILL NO. 33. 

THE MARRIAGE LAW. 

(An amendatory act.) 

Abstract of Changes. 

1. Age at which girls may legally marry raised from sixteen to 
eighteen years. 

2. The marriage of persons who are feeble-minded, or afflicted 
with hereditary insanity or epilepsy or venereal disease is prohibited. 

3. Common law marriages are prohibited. 

4. A period of ten days must intervene between the application 
for and the issuance of a marriage license. 

5. Eoth applicants for a license must present certificates from 
a licensed physician showing freedom from venereal disease. 

6. As to the physical and mental fitness of candidates the judge 
may require examination and testimony by physicians or mental 
specialists. 

7. Consent of the parent of either candidate under twenty-one 
years of age shall be in the form of an affidavit. 

8. Penalties are imposed for violations of any of the new pro¬ 
visions of the act. 

Referenced. 

Hall & Brooke, Marriage Laws of the States. Russell Sage 
Foundation. 

George Elliott Howard, History of Matrimonial Institutions. 

Cross references. 

See Part II, page 46, and bills 37, 47, 49. 

A BILL 

For an Act to regulate marriage and to amend sections 
1541, 1543, 1544, 1545, 1546, 1547, 1550 and 1552 of 
the Revised Statutes of 1913 and to repeal said original 
sections and to create four additional sections to be 
numbered 1541a, 1543a, 1543b, and 1543c of the 
Statutes and to repeal all acts and parts of acts in 
conflict herewith. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 1541 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 


189 


Secticm 1541. At the time of the marriage the male 
both parties must be of the age of eighteen years or up¬ 
wards, e«4 the temeie et the ege et eix-te en yee-ps ee -tfp- 
W fti Pdfl . 

Sec. 2. That the following additional section is here¬ 
by enacted. 

15J/la. No person toho is afflicted with venereal dis¬ 
ease or who is an imbecile, or a feeble-minded person, or 
a person who is or has been afflicted with hereditary 
epilepsy or hereditary insanity shall marry in this state. 

Sec. 3. That section 1543 of the Revised Statutes of 
1913 is hereby amended to read as follows: 

1543. Previous to the solemnization of any marriage 
in this state, a license for that purpose must be obtained 
from the county judge of the county wherein the marriage 
is to take place, and no marriage hereafter contracted 
shall be recognized as valid unless such license has been 
previously obtained, and unless such marriage is 
solemnized by a person authorized by law to solemnize 
marriages. Common-law marriages hereafter contracted 
shall be null and, void. 

Sec. 4. That the following additional sections are 
hereby enacted: 

15Jf3a. Persons who intend to be joined in marriage 
in this state shall, not less than ten days before obtainmg 
a license therefor, cause a written notice of their said 
intention, signed by them, to be filed in the office of the 
county judge requested by such persons to issue such 
license, which said notice shall contain the information 
respecting the said persons intending to marry which is 
required by laiv to be given before the issuance of such 
a license; and showing that neither of said parties comes 
within the prohibitions contained in this chapter; and 
shall set forth the names and addresses of the contracting 
parties and the dates of the filing of said notice; and 
said notice shall be posted by the county judge in a 
conspicuous place in the county court room and it shall 
be the duty of the county judge to see that said notice is 
so posted continuously during the ten day period: Pro- 


no 



ruled, however, that said ten day period may he dis¬ 
pensed with on the written order of the county court en¬ 
tered of record of the comity in which said license is 
applied for, such order being issued only for good cause 
shown and by reason of such unusual conditions as to 
make a period of delay unwise. 

1i)J/3b. At any time within fifteen days prior to the 
application for a marriage license, the contracting parties 
shall be examined by a licensed physician as to the 
existence or non-existence in such persons of any venereal 
disease, and it shall be unlawful for the county judge 
of any comity to issue a license to marry to any persons 
who fail to present and file with such county judge a 
certificate setting forth that such persons were, at the 
time of the examination which shall not be more than 
fifteen days before the filing of the application for the 
license, free from venereal diseases so' nearly as can be 
determined by a thorough examination and by the appli¬ 
cation of the recognized clinical and laboratory tests 
of scientific research when in the discretion of the examin¬ 
ing physician such clinical and laboratory tests are neces¬ 
sary. When a microscopical examination for gonoccocci 
or the Wasserman test for syphilis is required such 
examination shall upon the request of any physician in 
the state be made by the laboratory of the state depart¬ 
ment or bureau of health free of charge. Such certifi¬ 
cate shall be made by a physician, licensed to practice 
in this state or in the state in which such contracting 
persons reside, shall be filed with the application for 
license to marry, and shall read as follows, to-wit: 

I, . (name of physician), being a physician, 

legally licensed to practice in the state of .. 

my credentials being filed in the office of . , in 

the city of ., county of ., state of 

. . do certify that I have this ... day 

of . 19 ..., made a thorough examination of 

. (name of person), and believe him (her) 

to be free from all venereal diseases. 

. (Signature of physician). 


191 











M/53c. The county judge may, in his discretion, re¬ 
quire that testimony he given, by the county or city 
physician, or anjy licensed physician or by any person 
qualified as an expert in psychology or psychiatry, regard¬ 
ing the mental or physical condition of any applicant 
for a marriage license. Much physician or expert shall 
he allowed the witness fee allowed by law to witnesses 
in county court, the same to he paid by the county. 

Sec. 5. That sections 1544, 1545, 1546, 1547, 1550, 
and 1552 of the Kevised Statutes for 1913 are hereby 
amended to read as follows: 

1544. When either party is a minor, no license shall 
be granted without the verb id eonsent, 44 pr esen t or written 
consent, 44 a bs e nt , of the father, 44 l iving , 44 net, the n e4 the 
mo t h er, e4 ou eh miner and mother of such manor, if the 
father and mother, are living together, if not, then of the 
parent having the legal custody of such minor, and if 
such minor is not in the legal custody of either parent, 
then of the legally appointed or e4 the guardian of 
the person meter whose eare amt go vernm ent eneh m inor 
ma v he, whi c h written c onsen t shah he pro ve d by the te s ti¬ 
mony o4 at le as t one e omp e te nt witness of such minor. 
Such written consent shall he in the form of an affidavit 
duly signed and sworn to or affirmed by the parents or 
parent or guardian. Such affidavit shall he duly record¬ 
ed in the office of the county judge. Any person making 
a false statement in such an affidavit shall he guilty of 
perjury and upon conviction shall he punished as for 
perjury. 

Sec. 1545. When application shall be made for license 
to the county judge, he shall open the before granting of 
such license state therein require both applicants to ap¬ 
pear in person and shall ascertain by inquiring from 
each of them, under oath, the Christian and surnames 
of the fathers of both parties, the Christian and maiden 
names of the mothers of both parties, the Christian and 
surnames of the parties, the residence of both parties, 
their places of birth, their respective ages, their color; 


192 










and may require a certified copy of a birth certificate or 
other evidence as to the age of the applicants and upon 
the granting of such license shall state therein the afore¬ 
said data; which license shall prior to the issuing' thereof 
be entered of record in the office of the county judge in 
a suitable book to be provided for that purpose. 

1546. If, on such testimony being given, it shall 
appear that either of the parties is legally incompetent 
to enter into such contract or is insane, or an idiot, or an 
imbecile or a feeble-minded person, or a person who is 
or has been afflicted with hereditary insanity or heredi¬ 
tary epilepsy, or that there is any impediment in the way, 
or, if either party is a minor, and the consent mentioned 
in section 15.).If. hive #4 this ch a p ter shall be given, the said 
judge shall refuse to grant a license. 

1547. Every judge and justice of the peace, and every 
minister proHeher of the gospel authorized by the usages 
of the church to which he belongs, to solemnize mar¬ 
riages, may perform the marriage ceremony in this state. 
ee-4 A judge, justice of the peace or minister of the gospel 
shall not perform a marriage ceremony unless the persons 
desiring to be married shall present a license to marry 
which license teas issued as provided in this act not more 
than thirty days before the performance of such ceremony. 
Every such person performing the marriage cere¬ 
mony shall enter upon the said license a full return of his 
proceedings in the premises, which return shall be made 
to the county judge of the proper county, within t hr ee 
m onth s thirty days after such marriage has been per¬ 
formed, and which return the county judge shall record 
or cause to be recorded in the same book where the 
marriage license is recorded. 

1550. Every person having authority to join others 
in marriage shall, within throe meothe thirty days after 
the solemnization of any such marriage, make and deliver 
to the county judge of the county in which the marriage 
took place, a certificate containing the particulars men¬ 
tioned in the preceding section. 


193 





1552. If any judge, justice, minister, or other person 
whose duty it is to make and transmit to the county judge 
such certificate, shall neglect to make and deliver the 
same; or if the county judge shall neglect to record 
such certificate; or if any person shall undertake to join 
others in marriage, knowing that he is not legally author¬ 
ized so to do, or knowing of any legal impediment to the 
proposed marriage; or if any person authorized to 
solemnize any marriage shall wilfully and knowingly 
make a false certificate of any marriage to the county 
judge or if the county judge or the clerk of the county 
court shall wilfully and knowingly make a false record 
of any certificate of marriage to him made, or shall issue 
Or license contrary to the provisions of this act or with 
the knowledge that the parties are prohibited from con¬ 
tracting marriage under the laws of this state or if any 
person shall make an affidavit or statement necessary 
to the obtaining of the license and shall wilfully and 
falsely swear or procure another to swear falsely in 
regard to any matter of fact relating to the competency 
of either or both parties, or if any physician shall know¬ 
ingly make a false certificate as provided in section 15J^3b, 
he shall be deemed guilty of a misdemeanor and shall 
be punished by a fine not exceeding five hundred dollars, 
or imprisonment for a period not exceeding one year. 

Sec. 6. If any section or subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions 
of this act. The legislature hereby declares that it 
would have passed this act, and each section, subdivision, 
sentence, clause, and phrase thereof, irrespective of the 
fact that any one or more sections subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 

Sec. 7. That said original sections 1511 1543, 1544, 
1545, 1546, 1547, 1550 and 1552 of the Revised Statutes 
of 1913 and all acts and parts of acts in conflict here¬ 
with are hereby repealed. 


194 


BILL NO. 34. 

DIVORCE. 

(An amendatory act.) 

Abstract of Changes. 

1. In divorce cases where minor children are involved and in 
default cases, it is made the duty of the court to make independent 
investigations, in the interest of the children or of society. 

Cross references. 

See Part II, page 46 and bill 33. 

A BILL 

For an Art to amend section 1573 of the Revised Statutes 
of 1013 relating 1 to divorce and to repeal said original 
question. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 1573 of the Revised Statutes 
of 1913 be amended to read as follows: 

1573. Suits to annul or affirm a marriage, or for a 
divorce, shall be conducted in the same manner as other 
suits in courts of equity; and the court shall have the 
power to award issues, to decree costs, and enforce its 
decrees as in other cases: Provided , that it shall be the 
duty of the court to make independent investigations of 
the merits of all default cases and cases where minor 
children are involved through a probation officer or 
county superintendent of child welfare or other agency. 

Sec. 2. That said original section 1573 of the Revised 
Statutes of 1913 is hereby repealed. 


(B.) General Laws for the Protection of Children 

BILL NO. 35. 

KIDNAPPING. 

(An amendatory act.) 

Abstract of Change. 

In the section penalizing the act of aiding or abetting in kid¬ 
napping the age of the child to whom it may apply is raised from 
ten to eighteen years. 


A BILL 

For an Act to amend section 8599 of the Revised Statute's 
of 1913 relating to child stealing and to repeal said 
original section. 


195 



Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 8599 of the Revised Statutes 
of 1913 be amended to read as follows: 

8599. Whoever harbors or conceals with intent to 
detain from its parent or parents or guardian any child 
under the age of ten- eighteen years, so led, taken, carried, 
decoyed or enticed away, as in the preceding section 
specified, shall, upon conviction thereof, be imprisoned 
in the penitentiary not more than seven years nor less 
than one year. 

Sec. 2. That said original section 8599 of the Revised 
Statutes of 1913 is hereby repealed. 


BILL NO. 36. 

ABANDONMENT. 

(An amendatory act.) 

Abstract of Change. 

The age is raised from fourteen to sixteen years. 

Cross references. 

Corresponding changes are made in bills 7, 17, 18, 26. See bill 
13, Sec. 3, and bill 37. 


A BILL 

For an Act to amend Section 1667 of the Revised Statutes 
of 1913 relating to abandonment and mistreatment of 
children and to repeal said original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 1667 of the Revised Statutes 
of 1913 be amended to read as follows: 

1667. It shall be unlawful, and it is hereby declared 
to be cruelty, for any person having the care, custody, or 
control of any child or children under the age of t our toon 
sixteen years, to wilfully to abandon, cruelly or unlaw¬ 
fully punish, or wilfully or negligently deprive of neces¬ 
sary food, clothing or shelter such child or children. 

Sec. 2. That said original section 1667 of the Revised 
Statutes of 1913 is hereby repealed. 


196 




BILL NO. 37. 


FAILURE TO SUPPORT WIFE OR CHILD. 

(An amendatory act.) 

Abstract of Changes. 

1. Abandonment and failure to support a child by anyone legally 
responsible for its care is made a felony. 

2. Question of intent defined. 

3. Jurisdiction; which by an amendment in 1919, was placed in 
the district (juvenile) court, is here placed in the county, district 
or domestic relations court. 

4. The provision that jurisdiction shall be exercised by the 
county court only when the judge of the district court is absent 
from the county is eliminated, as being possibly unconstitutional. 

Cross references. 

See bill 13, Sec. 3, and bill 36. 

A BILL 

For an Act to amend sections 8614 and 8616 of the 
Revised Statutes of 1913, and section 8615 of the Re¬ 
vised Statutes of 1913 as amended by section 1 of 
chapter 168 of the laws of 1919 relating to wife and 
child abandonment, and to repeal said original sections. 

Be it Enacted by the People of the State of Nebraska : 

Section 1. That sections 8611 and 8616 of the Revised 
Statutes of 1913 be amended to read as follows: 

8614. Whoever, without good cause, abandons his wife 
and wilfully neglects or refuses to maintain or provide 
for her, or whoever abandons his or her leg itimate e? 
■ ill e gitim a t e child or children whether born in lawful wed¬ 
lock or not under the age of sixteen years, and wilfully 
neglects or refuses to provide for such child or children, 
and whoever being legally responsible for the care of any 
child under the age of sixteen years shall wilfully neglect 
or refuse to provide for such child or children shall upon 
conviction be deemed guilty of a desertion and be pun 
ished by imprisonment in the penitentiary for not more 
than one year or by imprisonment in the county jail for not 
more than six months. Desertion of and failure to sup¬ 
port a child or pregnant ivife for a period of three months 
shall be presumptive evidence of intention wholly to 
abandon. 


197 


Sec. 2. That section 8615 of the Revised Statutes of 
1913 as amended by section 1 of chapter 168 of the Laws 
of 1919 is hereby amended to read as follows: 

8615. All cases coming within the provisions of this 
article shall be heard in the county court, the district 
court, by the judge peeeidieg evee the jeveeile ee e et, -which 
except m the ebeeuee ef the d hitrie t judge them the eo e ai - y 
or the court of domestic relations which courts together 
shall have exclusive original jurisdiction thereof. - W he n 

h.li r\ n i.i z 1 /v/\ tl±A /I t t ri n ji AAind -t n o I -\r« t ~f i LIa/a (* rfO 11 71 t V 

TTtTT "JTtTl't;L- trT LTTU 111 1 rTTlTT7 VTT l’ TTT Cl HhL11F J- 1 l_HII T7TTT7 “TTTOTT”j» 

the c ounty court shell I h c vo c oncurren t jurisdiction with the 
district court Each court shall have sod the authority of 
an examining magistrate of all prosecutions brought under 
this article, and such jurisdiction when it attaches, shall 
continue, with the right of upped in that court: Provided 
that cases heard in the county court may he appealed, 
to the district court. If, after the filing of the complaint, 
but before conviction, the accused shall pay or secure to 
the person or persons entitled to support such sum of 
money not less than two hundred dollars nor more than 
one thousand dollars, or property of equal value, the 
court may discharge the accused on payment by him of the 
costs of prosecution. If after conviction and before sen¬ 
tence, the accused shall execute a bond running to the 
State of Nebraska to be approved by the court, in the 
penal sum of not less than two hundred dollars nor more 
than one thousand dollars, conditioned that the accused 
shall furnish the person or persons entitled thereto with 
the support required by law, the court may, on payment 
by him of the costs of prosecution, suspend sentence. 
The bond herein provided for shall remain in force as long 
as the court deems it necessary, but whenever it shall 
appear that the accused, is in good faith, complying 
with such provisions of the law, the court may annul said 
bond and dismiss the prosecution. 

Sec. 3. That section 8616 of the Revised Statutes of 
1913 is hereby amended to read as follows: 

8616. Upon the failure of &eeb beebeud oi 'pm o fi'fe 
the accused to comply with said undertaking he or she 


198 








may be arrested by the sheriff or other officer on a war¬ 
rant issued on the praecipe of the prosecuting attorney, 
and brought before the court for commitment, whereupon 
the court may commit, or, for good cause shown, may 
modify the order and take a new undertaking and further 
suspend sentence as may be just and proper. 

Sec. 4. That sections 8614 and 8616 of the Revised 
Statutes of 1913 and section 8615 of the Revised Statutes 
of 1913 as amended by section 1 of chapter 168 of the 
laws of 1919 are hereby repealed. 


BILL NO. 38. 

ADVERTISING CURES FOR VENEREAL DISEASES. 

(An amendatory act.) 

Abstract of Change. 

1. Periodicals, posters, labels and pamphlets added to prohibited 
media for advertisement of cures. 

A BILL 

For an Act to amend section 8789 of the Revised Statutes 
of 1913 relating to the advertising of cures for vener¬ 
eal diseases and to repeal said original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 8789 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 

8789. Whoever prints or publishes or causes to be 
printed or published in any newspaper, periodical , circu¬ 
lars, posters, labels or pamphlets published or circulated 
in this state any a dvertisement of medicine, drug, 
nostrum or apparatus for the cure of private or venereal 
diseases, or shall circulate or distribute any newspaper, 
periodical, circulars, posters, labels or pamphlets con¬ 
taining such an advertisement or notice mentioned in this 
section, shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not more 
than one thousand dollars nor less than fifty dollars, or 
be imprisoned in the county jail not more than one year, 
or by "both. 

Sec. 2. That section 8789 of the Revised Statutes of 
1913 is hereby repealed. 


199 



BILL NO. 39. 


SALE OF POISON. 

(An amendatory act.) 

Abstract of Changes. 

1. Signature of purchaser and of one witness' required. 

2. Maximum penalty raised. 

A BILL 

For an Act to regulate the sale of poisons and to provide 
penalties for the violation of this act and to amend 
sections 8603 and 8605 of the Revised Statutes of 1913 
and to repeal said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 8603 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 

8603. Every apothecary, druggist, or other person, 
who shall sell or give away, except upon the prescription 
of a physician, any article, or articles of medicine belong¬ 
ing to the class usually known as poisons shall: be re¬ 
quired : 

First—Te Register in a book kept for that purpose the 
name, age, sex and color of the person obtaining such 
poison; Seeend the quantity sold; Third the purpose for 
which it is required; Fourth the day and date on which 
it was obtained; F i £th the name and place of abode of the 
person for whom the article is intended; 

Second—Require the purchaser to sign his name to the 
foregoing statement and to have such signature attested 
by the signature of a teitness other than the seller, or his 
employee. 

Sixth Third —to Carefully mark the word “poison” upon 
the label or wrapper of each package. 

Seventh Fourth —to Neither sell nor give away any 
article of poison to minors of either sex. 

Sec. 2. That section 8605 of the Revised Statutes, of 
1913 is hereby amended to read as follows: 

8605. Any person offending against the provisions of 
either of the last two preceding sections shall be fined in 
any sum not less than twenty nor more than one hundred 
two hundred dollars. 


200 









Sec. 3. That said original sections 8603 and 8605 of 
the Revised Statutes of 1913 are hereby repealed. 


(C.) Sex Crimes. 

BILL NO. 40. 

RAPE. 

(An amendatory act.) 

Abstract of Changes. 

1. Penalty of life imprisonment which this section imposed 
for forcible rape of a daughter or sister is made to apply to 
all cases of forcible rape. 

2. In cases of rape on a female under eighteen, with her con¬ 
sent, the question of previous chastity is eliminated. 

3. The penalties are increased and differentiated according to the 
age of the child 

Cross references. 

See Part II. page 47 and bills 41, 42, 43 and 44. 

References. 

Laws Affecting Women and Children, Annie G. Porritt, pp. 147- 


A BILL 

For an Act to amend sections 8587 and 8588 of the Re¬ 
vised Statutes of 1913 relating to rape and to repeal 
said original sections. 

I* 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 8587 and 8588 of the Revised 
Statutes of 1913 are hereby amended to read as follows: 

8587. Whoever shall have carnal knowledge of hi* 
daughter er eieter any woman or female child forcibly and 
against her will shall be deemed guilty of rape and shall 
be imprisoned in the penitentiary during life. 

8588. ' W h oever ahall have e ar n et k n o w ledge e£ any ether 
wonuili' oi temale child then hie daughter er eieter ee aforepaid 
tereihly end againot her will er If any male person of the 
age of eighteen years or upwards shall carnally know or 
abuse any female child under the age of eighteen years, 
with her consent, un l ee e eueh l o ntal o ehild ee h n ewn end 
a bused le e ver liftoon yeare e£ age end provieu a l y unohaoPo 
he shall be deemed guilty of a rape, and shall be impris- 


201 











oned in the penitentiary thtw* tweuty «#? lem f ht H t 

th ree yeere as folloivs: 

First, token such female child shall be under the age of 
fourteen years, by imprisonment in the penitentiary for 
life. 

Second, when such female child shall be fourteen years 
and under the age of eighteen, by imprisonment in the 
penitentiary for not less than two nor more than twenty 
years. 

Third, when such female child shall be sixteen years 
and under the age of eighteen years, by imprisonment in 
the penitentiary for not less than two years nor more 
than twenty years. 

Sec. 2. That sections 8587 and 8588 of the Revised 
Statutes of 1913 and all acts and parts of acts in conflict 
with this act are hereby repealed. 


EILL NO. 41. 

INCEST. 

(An amendatory act.) 

Abstract of Changes. 

1. The law to be limited in its application to persons over 
eighteen years of age. 

2. The penalty clause is 1 strengthened by inserting a minimum 
of five and raising the maximum to ten years imprisonment. 

3. The maximum penalty for a father cohabiting with his 
daughter is raised from twenty years to life imprisonment. 

Cross references. 

See Part II, page 47 and bills 40, 42, 43 and 44. 


A BILL 

For an Act to amend sections 8770 and 8771 of the Re¬ 
vised Statutes of 1913 relating to incest and to repeal 
said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 8770 and S771 of the Revised 
Statutes of 1913 be amended to read as follows : 

8770. Persons of the age of eighteen years or over 
and within the degrees of consanguinity within which 
marriages are declared by the preceding section to be in- 


202 




cestuous and void, who shall intermarry with each other, 
or who sliall commit adultery or fornication with each 
other, or shall lewdly and lasciviously cohabit with each 
other, shall be liable to indictment, and upon conviction, 
be punished by imprisonment in the penitentiary not ex¬ 
ceeding ten yeexe less than five nor more than fifteen years, 
years. 

8771. If a father shall rudely or licentiously cohabit 
with his own daughter, the father shall, on conviction, 
be punished by confinement in the penitentiary for e term 
net exceeding t wen ty years life. 

Sec. 2. That said original sections 8770 and 8771 of 
the Revised Statutes of 1913 are hereby repealed. 


BILL NO. 42. 

PANDERING. 

(An amendatory act.) 

Abstract of Changes. 

1 The definition of the offense is amplified. 

2. The penalty is increased, making it a felony. 

Cross references. 

See Part II, page 47 and bills 40, 41, 43 and 44. 

A BILL 

For an Act to amend section 8772 of the Revised Statutes 
of 1913 relating to Pandering and to repeal said origi¬ 
nal section and to provide a penalty for the violation of 
this act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 8772 of the Revised Statutes 
of 1913 be amended to read as follows: 

8772. Whoever shall procure a female inmate for a 
house of prostitution ee dl toe or assignation, or who¬ 
ever shall induce, encourage, inveigle, or entice a female 
person to become a prostitute; or whoever by promises, 
threats, violence or by any devices or scheme, shall cause, 
induce, persuade, ee encourage, take, place, harbor in¬ 
veigle or entice a female person to become an inmate of 
a house of prostitution or shall procure a place 


203 




for a female as an inmate in a house of prostitution, 
or any place where prostitution is practiced, en 
courayed, or allowed fee ft feeefe or whoever shall 
by promises, ee threats, ef violence, or by any device 
or scheme cause, induce, persuade ee encourage, inveigle 
or entice an inmate of a house of prostitution, or assig¬ 
nation place to remain therein as such inmate; or who¬ 
ever shall by promises, threats, violence or any scheme 
or device, by fraud or artifice, or by duress of person 
or goods, or by abuse of any position of confidence or au¬ 
thority; or having legal charge, shall take, place, harbor, 
inveigle, entice, persuade encourage or procure any 
female person to enter any place within this state in 
which prostitution is practiced encouraged or permitted, 
for the purpose of prostitution, debauchery or any other 
immoral purpose; or whoever shall inveigle, entice, per¬ 
suade encourage or procure any female person to conic 
into or leave this state for the purpose of prostitution, 
debauchery or any other immoral purpose, or whoever 
takes or detains a female with the intent to compel her 
by force, threats, menace or duress to marry him or to 
marry any other person or to be defiled; or upon the 
pretense of marriage takes or detains a female person 
for the purpose of sexual intercourse with himself or any 
other person; or who shall receive or give or agree to 
receive or give any money or other thing of value for 
procuring or attempting to procure any female person 
to become a prostitute or come into this state or leave 
this state for the purpose of prostitution, debauchery or 
any other immoral purpose, shall be guilty of pandering, 
and upon conviction thereof fee the fe et o ffono o shed be 

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ti i-vf h r\ AVAAA/-1 mi r\ f h An^n-nil iA r\ 1 1 -m» l\ /a f 1 > • n i -> / 1 n va ^ -ii aathma, 

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fee fee the se cond offonoo shell fee fenp eisono d shall be pun¬ 
ished by imprisonment in the penitentiary for ft pe ri od ef 
not less than three yeees nor more than ten years. 

Sec. 2. That said original section 8772 of the Revised 
Statutes of 1913 is hereby repealed. 


204 





BILL NO. 43. 

PUBLIC MORALS. 

(A new and independent act.) 

Abstract of the bill. 

1. It is made a felony for a husband to encourage or permit 
his wife to lead a life of prostitution; for any person to levy tribute 
upon the earnings of a prostitute, or to detain any female in a 
house of prostitution because of any debts she has contracted; or 
to transport a female for immoral purposes into, through or across 
the state, or to debauch or deprive the morals of a boy under twenty- 
one years of age. 

Cress references. 

See Part II, page 47 and bills 40, 41, 42 and 44. 

References. 

Laws Affecting Women and Children, Annie G. Porritt, pp. 157- 

165. 


A BILL 

For on Act relating to and defining offenses against 
public morals, and to provide penalties for violation 
of ibis act. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. Whoever by force, fraud, intimidation or 
threat, places, leaves, encourages, or procures any other 
person or persons to place or leave his wife in any house 
of prostitution or any place where prostitution is prac¬ 
ticed, encouraged or permitted; or any person who by 
fraud, intimidation, threat, inducement, scheme or de¬ 
vice. encourages or permits his wife to lead a life of pro¬ 
stitution shall lie deemed guilty of a felony, and upon 
conviction thereof shall be punished by imprisonment in 
the penitentiary for not less than two nor more than ten 
years. 

Sec. 2. Whoever shall knowingly accept, receive, levy 
or appropriate any money or other valuable thing without 
consideration, from the proceeds of the earnings of any 
female engaged in prostitution, or whoever, knowing a 
female to be a prostitute, shall derive support or main¬ 
tenance, in whole or in part, from the earnings or pro- 
ceeds of her prostitution or from moneys loaned or ad¬ 
vanced to or charged against her by any keeper or man¬ 
ager or inmate of a house or other place where prostitu- 

205 


lion is practiced or permitted; or whoever shall appropri¬ 
ate any portion of the earnings of a prostitute under 
any pretense whatsoever, shall be deemed guilty of a 
felony and on conviction thereof shall be punished by 
imprisonment in the penitentiary for a term of not less 
than one year nor more than ten years. Any acceptance, 
receipt, levy or apropriation of such money or thing 
valuable shall, upon any trial or proceeding for violation 
of this section, be presumptive evidence of lack of con¬ 
sideration. 

Sec. 3. Whoever shall attempt to detain any female 
person in a disorderly house or house of prostitution or 
any place where prostitution, debauchery, or other im¬ 
moral practices are permitted or encouraged, because 
of any debts she has contracted, or is said to have con¬ 
tracted while living in said house or elsewhere, shall 
be deemed guilty of a felony, and upon conviction thereof 
shall be imprisoned in the penitentiary for a term of not 
less than one year and not more than ten years. 

Sec. 4. Whoever shall knowingly transport, or cause 
to be transported, or aid or assist in transporting, or se¬ 
cure transportation for, by any means of conveyance, into, 
through or across this state or from any county, town¬ 
ship, city or village of this state to any other county, 
township, city or village any female person for the pur¬ 
pose of prostitution, debauchery, or any other immoral 
purpose, or with the intent or purpose to induce, entice 
or compel such female person to become a prostitute or 
engage in debauchery or immoral practices, shall be 
deemed guilty of a felony, and upon conviction thereof 
be punished by imprisonment in the penitentiary for a 
term of not less than one nor more than live years. 
Whoever shall commit the crime in this section men¬ 
tioned may be prosecuted in any county, in or through 
which he shall so transport or attempt to transport any 
female person as aforesaid. 

It shall not be a defense to a prosecution for any of the 
acts prohibited in the foregoing sections that any part 
of such act or acts shall have been committed outside this 


206 


state, and the offense shall in such case be deemed and 
alleged to have been committed and the offender tried 
and punished in any county in which the prostitution, 
debauchery, or other immoral practices were done or 
through which the defendant transported such female per¬ 
son for the purpose of committing such immoral act, or 
in which the offense was consummated, or any overt act 
in furtherance of the offense shall have been committed. 

Sec. 5. Whoever shall debauch the person or deprave 
the morals of any boy under the age of twenty-one years, 
either by lewdly inducing such boy carnally to know any 
female person, or by indecent bodily contact with the per¬ 
son of any such boy communicate to him any venereal or 
other loathsome disease; or whoever shall solicit any such 
boy to visit a house of prostitution or other place where 
prostitution, debauchery, or other immoral practices are 
permitted or encouraged, for the purpose of prostitution, 
sexual intercourse, or other immoral practices; or who¬ 
ever shall direct or accompany any such boy to any such 
place for such purpose or purposes; or whoever shall ar¬ 
range or aid or assist in arranging any meeting for 4 such 
purpose between any such boy and any female of dissolute 
character or any inmate of any place where prostitution, 
debauchery, or other immoral practices are permitted 
or encouraged; or whoever shall arrange or aid or assist 
in arranging any meeting between any such boy and any 
female person for the purpose of sexual intercourse, or 
other immoral practice shall be deemed guilty of a felony 
and upon conviction thereof shall be imprisoned in the 
penitentiary for not less than one nor more than ten 
years. 

Sec. G. If any section or subdivision of this act is for 
any reason held to be unconstitutional, such decision shall 
not affect the validity of the remaining portions of this 
act. The legislature hereby declares that it would have 
passed this act, and each section, subdivision, sentence, 
clause, and phrase thereof, irrespective of the'fact that 
any one or more sections, subdivisions, sentences, clauses, 
or phrases is declared unconstitutional. 


207 


BILL NO. 44. 


STERILIZATION OF RAPISTS. 

(A new and independent act.) 

Abstract of the bill. 

1. No person imprisoned for rape or attempted rape shall be 
paroled or discharged until examined by the board of examiners 
of defectives. 

2. They shall determine whether he may with safety to society 
be released without an operation. 

3. If their finding is adverse he shall not be permitted to leave 
the prison unless' castrated. 

References. 

Jour. Grim. Law and Criminology. Vol. 2: 128-34. Vol. 9. pp. 
282, 596. 


A BILL 

For an Act to provide for an examination and investiga¬ 
tion of the physical and mental condition and persona] 
and family traits and history of prisoners convicted 
of forcible rape or of the rape of a girl under fourteen 
years of age and to require, in certain cases, the castra¬ 
tion of such prisoners. 

Be it Enacted by the People of the State of Nebraska: 

'Section 1. No prisoner who shall have been sentenced 
to the penitentiary for forcible rape, or for the rape of a 
girl under fourteen years of age, or for assault 
with intent to commit rape may be discharged, or paroled, 
or furloughed from prison, or permitted to work or to be, 
for any purpose, outside the enclosure of the prison wail 
until such prisoner shall have been examined as herein¬ 
after prescribed by the Board of Examiners of Defectives 
organized under the provisions of section 2 of chapter 
237 of the Laws oKNebraska of 1915. 

Sec. 2. The board of examiners shall meet for such 
purpose at the prison and shall carefully and thoroughly 
examine the physical and mental condition of such 
prisoner and shall investigate so far as practicable, his 
innate traits, his family traits and family history, his 
habits, associations and personal history before convic¬ 
tion, the circumstances surrounding the commission of 
the crime, and his record in the prison; and from such 
examination and investigation, and from any additional 

208 


> 


evidence which may be presented to it, shall determine 
whether his traits, tendencies and history are such that if 
he were at large, unless castrated, lie would probably 
endanger the safety of women and girls and that the 
peace and welfare of society requires his castration as a 
condition precedent to his leaving the prison. 

Sec. 3. The Board of Examiners shall enter its find¬ 
ings in a record to be kept for that purpose; and if said 
board find that the traits, tendencies and history of said 
prisoner are such as to require, for the peace, safety and 
welfare of society, that such prisoner be castrated as a 
condition precedent to his being permitted to leave the 
prison, said board shall enter such order of record and 
no prisoner against whom such an order shall have been 
entered may thereafter he discharged nor paroled nor 
furloughed from the prison nor permitted to work nor 
to be, for any purpose, outside the enclosure of the prison 
wall unless and until such order of castration shall have 
been duly executed 

Sec. 4. Such order shall be humanely executed in the 
prison by the prison physician or by a surgeon from the 
staff of one of the state institutions, as may be designated 
by such Board of Examiners of Defectives, or by some 
surgeon selected by the prisoner with the approval of the 
Board of Examiners. Tf the operation shall be performed 
by a surgeon selected by the prisoner all expenses of such 
operation shall be borne by the prisoner; in all other cases 
the expenses shall be met out of the general funds appro¬ 
priated to the maintenance of the prison. 

Sec. 5. This act shall be liberally construed so as to 
effectuate its purpose which is to safeguard and protect 
the women and girls of the community, to preserve the 
peace of the state and to prevent violence, lawlessness 
and disorder. 


209 


(D.) Children Boiin Out of Wedlock. 

BILL NO. 45. 


FILIATION PROCEEDINGS. 

(A bill to repeal the present law and enact a new law.) 
Abstract of Changes. 

1. The terms ‘ bastard” and “illegitimate child” are eliminated, 
and the new words; “filiated child” and “unfiliated child” are in¬ 
troduced and defined. 

2. The bill provides for the beginning of “filiation proceedings” 
in county or district or domestic relations court, instead of in 
justice court. 

3. The public may be excluded from the trial. 

4. If the accused is found guilty he shall be adjudged to be the 
father of the child, which becomes a “filiated child,” and he is 
subject to all the obligations for the care, maintenance and educa¬ 
tion of such child which are imposed by law upon a father of a 
Child born in lawful wedlock 

5. Provision is made for collection from him of all expenses of 
the prosecution and for the care of the mother during confinement 
and for eight weeks thereafter. 

6. Prosecutions may be undertaken by the state child welfare 
bureau or the county board of welfare. 

Cross references. 

See Part II, page 49 and bill 5; bill 13, Sec. 3 and bills 28, 
37, 46, 47, 48. 

References. 

National Conference Social Work, 1920, pp. 111-122. 167-78. 
Illegitimacy as a Child Welfare Problem. Children’s Bureau. 1920. 
Illegitimacy Laws of the United States. United States Children’s 
Bureau, Publication 42, 1919. 


A BILL 

For an Act to define the terms “filiated child/' “unfdiated 
child,” “filiation proceeding’s.” to prescribe the manner 
of filiation proceedings, to provide for the collection of 
funds for the support of filiated children and for the 
support and care of mothers of filiated children from 
the persons acknowledged or adjudged to he the fathers 
of such children, and to provide penalties for the non¬ 
payment thereof and to repeal sections 857, 858, 359, 
800, 361, 362, 363, and 361 of the Revised Statutes of 
1913 and to repeal all acts and parts of acts in conflict 
with this act. 

Be it Enacted by the People of the State of Nebraska : 

Section 1. For the purpose of this act the words 
“unfiliated child” shall mean any child born out of lawful 


210 


wedlock, whose father lias not acknowledged, in writing, 
signed in the presence of a competent witness that he is 
the father of such child and who has not been adjudged 
to be the father.of such child by a court of record. The 
words “filiated child” shall mean a child born out of 
wedlock whose father has acknowledged, in writing, 
signed in the presence of a competent witness that he is 
the father of such child, or a child whose father has been 
adjudged to be the father of such child by a court of 
record. The words “filiation proceedings” shall mean 
proceedings in a court of record to determine who is the 
father of an unfiliated child. 

Sec. 2. On complaint made to any county or district 
judge or judge of a court of domestic relations in this 
state any unmarried woman resident therein who shall 
hereafter be delivered of an unfiliated child or being preg¬ 
nant with a child, which if born alive may be an un¬ 
filiated child, accusing on oath or affirmation any per¬ 
son of being the father of said child, the judge shall take 
such accusation, in writing, and thereupon issue his war¬ 
rant directed to the sheriff, or constable of any county of 
this state commanding him forthwith to bring such ac¬ 
cused person before said judge to answer to said com¬ 
plaint, and on return of such warrant the judge, in the 
presence of the accused person shall examine the com¬ 
plainant under oath respecting the cause of her com¬ 
plaint and such accused person shall be allowed to ask 
the complainant, when under oath, any question he may 
think necessary for his justification; all of which ques¬ 
tions. together with every other part of the examination, 
shall be reduced to writing by the judge, or a competent 
person appointed by the judge. The judge may at his dis¬ 
cretion and at the request of either part shall, exclude 
the general public from attendance at such examination. 
If, on such examination, the party accused shall pay or 
secure to be paid to the complainant such sum or sums 
of money or property as she may agree to receive and as 
the judge approves, in full satisfaction, and shall give 
security of not less than one thousand dollars until the 


211 


total amount is paid, then and in that ease the judge 
shall discharge the party accused out of custody, on his 
paying the cost of prosecution: Provided, the agree¬ 
ment aforesaid shall he made or acknowledged by both 
parties in the presence of the judge, who shall thereupon 
enter a memorandum of the same upon his docket. 

Sec. 3. When any woman has an unfiliated child 
and neglects to bring suit for its maintenance, or com¬ 
mences a suit and fails to prosecute to final judgment, 
the director of the state child welfare bureau or the 
county board or the county board of child welfare in any 
county interested in the welfare or the support of such 
unfiliated child, where sufficient security is not offered 
to save the county from expense and to provide for the 
proper care and maintenance of such child and its 
mother, may bring a suit in behalf of the county against 
him who is accused of begetting such child or may take 
up and prosecute a suit begun by the mother of the child. 

The judge may summon the woman to appear before 
him and may examine her on oath respecting the father 
of said child, time when and place where it was begotten, 
and any other facts he deems necessary for the discovery 
of the truth, and thereupon shall issue his warrant 
to apprehend the putative father. Thereafter the pro¬ 
ceedings shall lie the same as if the complaint had been 
made by such woman under the provisions of this act, and 
with like effect, and in all cases the complainant and the 
accused may require the attendance of such woman as a 
witness. 

Sec. 4. If there is probable cause to believe the de¬ 
fendant guilty as charged in the complaint, and the 
defendant shall fail to pay or secure to be paid, or to give 
security to the complainant as required in section 2 of 
this act, the judge shall require him to enter into a 
recognizance to appear at the next, term of the district 
court, or if such court is then sitting in the county, or if 
there lie a court of domestic relations in the county, at 
a date fixed by the judge, with sufficient security, in the 
sum not less than one thousand dollars for the benefit of 


212 


the county in which such unfiliated child shall be born, 
to answer such accusation and to abide the order of the 
court thereon, and upon neglect or refusal to furnish 
such security, the judge shall cause him to be com¬ 
mitted to the jail of the county there to be held to answer 
such complaint. 

Sec, 5. If, at the time set for such trial, the woman 
be not delivered, or be unable to attend, the court shall 
order the renewal of the bonds of recognizance, that the 
accused person shall be forthcoming at the next court or 
at the time set by the court after the birth of the child, 
at which the mother of said child shall be able to attend; 
and the continuance of such bonds shall be entered by 
order of said court unless the security shall object there¬ 
to, and shall have the same force and effect as a recog¬ 
nizance taken in court for that purpose. If the sureties 
shall at any term of court surrender the defendant and 
ask to be discharged, or if the court shall at any time 
deem it proper, it may order a new recognizance to be 
taken, and commit the defendant until it is given. 

Sec. 6. When such accused person shall plead not 
guilty to such charge before the court to which lie is 
recognized, the court shall order the issue to be tried 
by a jury; and at fhc trial of such issue the examination 
at the preliminary hearing shall be given in evidence, 
when demanded by the defendant, and the mother of the 
uniiiiated child shall be admitted as a competent wit¬ 
ness. At the request of the plaintiff or the county 
board, she shall be represented throughout the case by the 
county attorney. The presiding judge may, at his dis¬ 
cretion and at the request of either party, shall, exclude 
the general public from attendance at such trial. 

Sec. 7. In case the jury find the defendant guilty, or 
such accused person before the trial shall confess in court 
that the accusation is true, he shall be adjudged to be 
the father of such child and henceforth shall be subject 
to all the obligations for the care, maintenance and edu¬ 
cation of shell child, and to all the penalties for failure 
to perform the same, which are or shall be imposed by 

213 


law upon the father of like age and capacity, of a child 
born in lawful wedlock, and he shall stand charged with 
the maintenance thereof in such a sum or sums as the 
court may order and direct, together with suitable main¬ 
tenance for the mother of such child, for not more than 
eight weeks prior to her confinement and not more than 
eight weeks thereafter. Judgment shall also be entered 
against him for the costs of prosecution for all the ex¬ 
penses incurred by the county or the mother for the lying 
in and support of, and attendance upon the mother during 
her sickness, and for the care and support of such child 
prior to such judgment of paternity, the amount of which 
expense, if any, shall also be found by a jury if it returns 
a verdict of guilty. If the defendant fails to pay the 
amount of such money judgment forthwith, or during 
such stay of execution as may be granted by a court, or 
neglect or refuse to give security to perform the afore¬ 
said order and to pay such costs, he shall be committed 
to the county jail there to remain until he pays the same, 
or is discharged according to law; Provided, however, 
that no stay shall be granted unless the defendant shall 
give a bond to the county in such sum and with such 
sureties, as shall be approved by the court, for the pay¬ 
ment of such money judgment on or before expiration 
of such stay. 

Sec. 8. Any person who has been imprisoned ninety 
days for failure to pay any such money judgment may 
apply to said court, by petition setting forth his inability 
to pay the same, and that he has not in his own name any 
property, real or personal, and has no such property con¬ 
veyed or concealed, or in any manner disposed of with 
design to secure the same to his use or to avoid in any 
manner payment of such judgment and praying.to be dis¬ 
charged from imprisonment, and shall attach to such peti¬ 
tion a verified statement of all his property, money, and 
effects whether exempt from execution or otherwise. 
Thereupon the court shall appoint a time and place for 
hearing said application, of which the petitioner shall 
give at least ten days notice to the plaintiff and to the 
county attorney. 


214 


See. 9. At the hearing the defendant shall he examined 
on oath in reference to the facts set forth in such peti¬ 
tion and his ability to pay such money judgment and any 
other legal evidence in reference to such matters may be 
produced by any of the parties interested. If it appears 
that the defendant is unable to pay such judgment, the 
court may direct his discharge from custody. If upon 
such hearing it appears that the defendant has property, 
but not sufficient to pay such judgment, the court may 
make such order concerning the same, in connection with 
such discharge as justice may require. The defendant’s 
discharge as aforesaid shall not affect the right of the 
county to collect upon execution any portion of such 
judgment remaining at any time unsatisfied subject to 
all the provisions of law relating to judgments for the 
payment of money. 

Sec. 10. The director of the state child welfare bureau 
or the mother of said child or the duly appointed guardian 
of the person of a filiated child shall have authority to 
accept from the duly adjudged or acknowledged father 
of the child such sum as shall be approved by the court 
having jurisdiction of filiation proceedings, in full settle¬ 
ment of all obligations for the care, maintenance and 
education of such child; and shall hold or dispose of the 
same as ordered by said court. 

Sec. 11. Upon the entry of a judgment determining 
the paternity of a filiated child the clerk of the court shall 
notify, in writing, the state registrar of vital statistics 
of the name of the person against whom such judgment 
has been entered, together with such other facts disclosed 
by his records as may assist in identifying the record 
of the birth of the child as the same may appear in the 
office of said registrar. If such judgment shall there¬ 
after be vacated that fact shall be reported by the clerk 
in like manner. 

Sec. 12. In any proceeding under this chapter a 
licensed physician or surgeon may testify without his 
patient’s consent concerning the fact and probable date 
of inception of her pregnacy, and shall so testify when 
duly called as a, witness. 


215 


Sec. 13. All records of court proceedings in filiation 
cases shall be withheld from inspection by, and copies 
thereof shall not be furnished to, persons other than the 
parties in interest and their attorneys, except upon order 
of the court. 

St c. 14. The provisions of this act are severable one 
from another and in their application to the persons and 
interests affected thereby. The judicial declaration of the 
invalidity of any provision, or the application thereof, 
shall not affect the validity of any other provision, or 
the application thereof. 

Sec. 15 This act shall he liberally construed with a 
view to affecting its purpose, which is primarily to safe¬ 
guard the interest of children born out of wedlock and to 
secure for them the nearest possible approximation to 
the care, support and education that they would be en¬ 
titled to receive if born of lawful marriage, which pur¬ 
pose is hereby acknowledged and declared to be the duty 
of the state; and also to secure from the fathers of such 
children repayment of public moneys necessarily expended 
in connection with their birth. 

Sec. 16. That said original sections 357, 358, 359, 360. 
361, 362, 363 and 364 of the Revised Statutes of 1913 and 
all acts and parts of acts in conflict with this act are 
hereby repealed. 


BILL NO. 46. 

INHERITANCE BY CHILDREN BORN OUT OF WEDLOCK. 
(An amendatory act.) 

Abstract of Changes. 

1. A filiated child may inherit from his father regardless- of 
whether he be acknowledged by his father. 

2. He may inherit, as representing his father or mother, if they, 
during his life, intermarry and his father acknowledge him,—without 
the present requirement that other children shall have been born 
to them. 

3. Where such marriage and acknowledgement takes place the 
child shall be considered as though born in lawful wedlock, and thus' 
legitimized. 

References. 

Illegitimacy Laws of United States. Federal Children’s Bureau, 
pp. 23-25. 

On legitimization, see Neb. Supreme Court Reports 72: 845. 

216 



Cross references. 

See Part II, page 50 and bill 45. 

A BILL 

For an Act to amend section 1273 of the Revised Statutes 
of K)13 relating to inheritance by children born out of 
wedlock and to repeal said original section. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That section 1273 of the Revised Statutes 
of 1913 is hereby amended to read as follows : 

1273. Every illegitimate child born out of wedlock 
shall be considered as an heir of the person who shall, 
in writing, signed in the presence of a competent witness, 
have acknowledged himself to be the father of such child, 
or of s a person who shall have been adjudged by a court 
of record to be the father of such child, and shall, in all 
cases, be considered as an heir of his mother and shall 
inherit his or her estate in whole or in part as the case 


lawful wedlock, but he shall not be allowed to claim, as 
representing his father or mother, any part of the estate 
of his or her kindred either lineal or collateral, unless 
before his death his parents shall have intermarried 
ami bad other ebild^eu and his father, after such marriage, 
shall have acknowledged him as aforesaid, or adopted 
him into his family, in which case such child shall be 
considered as though born in lawful wedlock, and if other 
children are born of such marriage they aed ell leg itimat e 
ebildeeu shall be considered as brothers and sisters, and 
on the death of either of them intestate, and without 
issue, the other shall inherit his estate, and lie theirs, 
as hereinbefore provided, in like manner as if all the 
children had been born in lawful wedlock, legitimate 
saving to the father and mother respectively their rights 
in the estate of all the said children as provided herein 
before, in like manner as if all had been born in lawful 
wedlock, legitimate. 

Sec. 2. That said original section 1273 of the Revised 
Statutes of 1913 is hereby repealed. 


217 


BILL NO. 47. 


MARRIAGE TO ESCAPE PROSECUTION. 

(A new and independent act.) 

Abstract of the bill. 

1. Marriage and desertion to escape prosecution for sex crimes 
made a felony. 

References. 

This law is based on a Michigan Statute. Howell’s, Mich. 
Statutes, S. 115-44. 

Also see Revised Statutes of Nebraska, 1913. Sec. 8614, 8615, 
8616. 

Cross references. 

See Part II, page 50 ahd bills 13, 36, 37, 42, 43 and 45. 

A BILL 

For an Act to make wife desertion in certain cases a 
felony and to provide a penalty therefor. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. Every man who shall marrv any woman or 
girl for the purpose of escaping prosecution for rape, se¬ 
duction or filiation proceedings, and shall afterwards 
desert her without good cause, shall be deemed guilty of 
a felony, and shall upon conviction, be fined not more 
than one thousand dollars, or be imprisoned in the state 
prison for not b j ss than-one nor more than three years: 
Provided, that no prosecution shall be brought under 
this act. after five years from the date of the marriage. 


BILL NO. 48. 

COMPULSORY CARE FOR UNMARRIED MOTHERS. 

(A new and independent act.) 

Abstract of the bill. 

1. Purpose of the act is to secure the welfare of the unborn 
child. 

„2. The services of the state industrial home are free to any 
woman who is a proper subject for its care. 

3. The bill applies to those cases only where an expectant un¬ 
married mother without means or friends to care for her, refuses 
the aid of the state home or of any other proper institution. 

4. Provision is made for judicial determination of the facts 
and for commitment to the state institution where it is a neces'sary 
step to insure proper care for the unborn child. 


218 



References. 

National Conference Social Work, 1919. pp. 74-80. 

Illegitimacy as a Child Welfare Problem. Federal Children’s 
Bureau, Bureau Publication No. 66. 

Cross references. 

See Part II, page 50 and bills 5, 28, 45. 

A BILL 

For an Act to provide compulsory institutional care for 
women immediately before and after confinement, and 
for the temporary care of the mother and child, in the 
state industrial home for women at Milford, in cases 
where the mother is unable to properly to provide for 
herself, where no relatives or friends have; provided 
care, and where the mother has refused proper care 
when offered by a public or private institution or or¬ 
ganization. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. The services of the state industrial home 
for women at Milford shall be freely given to any woman 
or girl who is a proper subject for its care on application. 
When through ignorance, misunderstanding, prejudice or 
mental defect, a woman in need of the care of such insti¬ 
tution refuses to accept care when offered in this institu¬ 
tion, and when it is necessary for the welfare of the un¬ 
born child, provision may be made for the compulsory 
care and treatment of such persons, as prescribed in the 
following sections. 

Sec. 2. On complaint made to any district or county 
judge, or judge of a court of domestic relations in this 
state, naming any unmarried woman resident in the 
county, and stating that such unmarried woman is preg¬ 
nant and is without means of properly providing for her- 
in the state industrial home for women at Milford, and 
has refused to accept cave in any accredited maternity 
hospital or rescue home, and is likely to become a public 
charge, or is likely to give birth to an unfiliated child as 
defined in Senate File 91 without proper means 
for the care of herself and child, the judge shall 
take such accusation in writing and thereupon issue his 


219 


warrant directed to the sheriff or constable commanding 
him forthwith to bring such accused person before tlie 
court to answer such complaint. On return of such 
warrant the judge shall inquire into the truth or falsity 
of the allegations in the complaint, shall question the 
person accused, shall hear such witness as may be sub¬ 
poenaed and if, upon such examination it shall seem 
probable that said person is pregnant and has refused 
proper care when offered and has no means of properly 
caring for herself in confinement, the judge may order 
said person to be examined by a licensed physician, and 
shall take the testimony of such physician, and if from all 
the testimony, the judge shall find that such person 
is pregnant and unmarried and has no proper means of 
providing care for herself during confinement, he shall ex 
plain to her the purposes o*f the state industrial home for 
women and on behalf of the state may offer to secure 
free admission to such institution and may likewise 
offer the services of any charitable or other institution 
which is known to' be willing to furnish such care for 
unmarried mothers during confinement, free of charge, 
and which are certified by the state child welfare bureau 
as proper places for the care of women during confine¬ 
ment, and if such person shall then refuse to accept care 
in the state industrial home for women, or any other 
maternity hospital or institution for the care of women 
during confinement, which is certified by the state child 
welfare bureau, or any other institution, or with any per¬ 
son which may he approved bv the judge hearing the 
case, and if it appears to be necessary for the welfare 
of the unborn child, the court may order such pregnant 
woman to be committed to the care and custody of the 
state industrial home for women, and shall enter an order 
of commitment, placing her under the control of the 
superintendent of such institution, subject to the rules 
and regulations of said institution for a period not to 
exceed one year. 

Sec. ?). A copy of the order of commitment containing 
the information as to the name, age, circumstances and 
condition of the person committed, as required by the 

220 


state industrial home for women, shall he delivered to a 
woman probation offlcer, police officer, or other woman 
officer appointed by the court who shall conduct such 
pregnant woman to the state industrial home for women. 

Sec. 4. If any section or 'Subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of 
this act. The legislature hereby declares that it would 
have passed the act, and each section, subdivision, sent¬ 
ence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 


(E.) Guardianship and Adoption. 

BILL NO. 49. 

RAISING the age of majority for girls. 

(An amendatory act.) 

Abstract of Changes. 

1. Age under which females are declared to be minors is raised 
from eighteen to twenty-one. 

2. Marriage of a girl under twenty-one not to terminate guard¬ 
ianship when she is under guardianship on account of delinquency by 
order of a juvenile court. 

References. 

Report of Missouri Children’s Code Commission, 1918, pp. 25 and 
95. 

A BILL 

For an Act to raise the age of majority for females to 
twenty-one years and to amend sections 1627 and 1634 
of the Revised Statutes of 1913 and to repeal said 
original sections and all acts and parts of acts in con¬ 
flict herewith. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 1627 and 1634 of the Revised 
Statutes of 1913 are hereby amended to read as follows: 

1627. All male ehildre n persons under twenty-one end 
*44 lenwtiee nnd -e? eigh teen years of age are declared to be 
minors; but in case a female marries between the ages of 
si xteen eighteen and ei gh t e en twenty-one her minority 


221 




ends: Provided that this law shall not he so construed as 
to restrict or limit the rights of females who have attained 
the age of eighteen years before this law shall become 
effective: Provided further, that the marriage of any 
female under the age of twenty-one shall not terminate 
her guardianship when she is under guardianship on 
account of delinquency by order of a juvenile court . 

1634. Every guardian appointed as aforesaid shall 
have the care and management of the estate of the minor, 
and shall continue in office until such minor shall arrive 
at the age of twenty-one 44 e mete eig h te e n yee^e 44 e 
• femal e, or until the guardian shall be discharged accord¬ 
ing to law. 

Sec. 2. That sections 1627 and 1634 of the Revised 
Statutes of 1913 and all acts and parts of acts in conflict 
with this act are hereby repealed. 


BILL NO. 50. 

ADOPTION. 

(An amendatory act.) 

Abstract of Changes. 

1. The terms “filiated child” and “unfiliated child” are sub¬ 
stituted for illegitimate child. 

2. Thai part of the law dealing with the adoption of children 
who have been transferred by relinquishment from their parents 
to other persons or associations has been amended to harmonize 
with the proposed law (bill 8) which restricts the right to make 
such relinquishments. 

3. Provisions are made for an investigation by the state child 
welfare bureau of both the child and of the home before a child 
is adopted. 

Cross references. 

See bills 8, 52, and 53, Sec. 5. 

A BILL 

For an Act to amend sections 1616 and 1621 t>f the Re¬ 
vised Statutes of 1913 relating to adoption and to 
repeal said original sections. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. That sections 1616 and 1621 of the Revised 
Statutes of 1913 be amended to read as follows: 


222 





1616. Any one of the following* classes of persons may 
relinquish the custody and control of a minor child and 
consent to its adoption in the manner hereinafter pre¬ 
scribed, to wit: 

First—The parents, it* living, of a legitimate or filiated 
minor child, except as provided in subdivisions, three, five 
and six end seven- of this section. 

Second The surviving parent, if one has died, of a 
legitimate minor child, except as provided in subdivisions 
five and six end s eve n of this section. 

Third—If one of the parents of a legitimate or filiated 
minor child shall have had the exclusive and actual cus¬ 
tody or control of such minor child for the period of six 
months last preceding, for the support of which the other 
parent shall have without just cause or fault contributed 
nothing whatever during such period, the parent having 
the custody or control may consent to its adoption. 

Fourth—The mother, if living, of an illegitimate- 
unfiliated minor child. 

Fifth—Any person related to such child within the 
second degree or any Nebraska corporation or association 
duly licensed by the state child welfare bureau for the 
purpose of caring for dependent children to whom the 
custody or control of any minor child shall have been 
given by a written instrument signed and executed in 
the presence of at least one witness, by both parents, 
if living, of a legitimate child, or by the nerving surviving 
parent, if one is dead, of a legitimate or filiated child, or 
by the mother, if living of an illegitimate unfiliated child 
may consent to its adoption: Provided such written instru¬ 
ment shall have been signed not less than three months 
after the birth of tlie> child and shall authorize such per¬ 
son, corporation or association to procure the adoption 
of said minor child by some suitable person. Said writ¬ 
ten instrument shall be acknowledged by the signer or 
signers thereof before any officer authorized by the laws 
of the state to acknowledge deeds. 

teteh—A n y p cro o n , cor p oration , or ftooo e i et ion thet shell 
heve hed hiw f e l onntody or control of eny m in o r child for 


223 












^ 1 1 / > i W i 1 « 1 / > / 1 /th n -> X" m. ,nf li n 1 * 1 ^' f nn.»/i/wl]nn‘ U/ i i» f 1 ) (* f 1 1 1 1 llUi) 1 1, 

iJ 'v vtjTT/vT vl. -ill V* 11 ill fj TtTTTTT J * 1 v l" v" v 1111^^ -L U I t n \ > ’ 1 1 1 f 1. 7 w 1 u 

/ v 4 - ai rl v i /-4 1 i i t r\ i 4 - K n v.n ikmi I ■ 1 > t > 1 I nril 1 > mif in r< 4 ~ AnnnA a i» nni If ,1 k i 1 \' M 

l/l TrTTlvTT ILtl llli LI | .MlfUITU ' ' M It 11 TTlTTrTTTTT* TTTrTTT 111 UUL" U1 TrTTTTU nu > / . 

^ a t -i i f niJAiif Arl >m \ rf lnn/i» / I'll inn f\' n 1 1 1 a 1 > i \/ \ i w_L mnir aavi _ 

v- villi 1UTITL ll 11 1 1 y II I 11 J v—W 11 M tv’ V L 1 ' I 11 1 il 1 w, U 11 v 11 j7trrTvu y TTTTTj vv/TT 

ee«-t te its neloption . 

Seventh Sixth —Any person, corporation or association 
that shall have been appointed guardian of the person of 
any minor child because of the cruelty, neglect or unsuit¬ 
ableness of its parents, may consent to its adoption, pro¬ 
vided that a decree of adoption shall not be entered until 
the court appointing said guardian shall have made an 
order authorizing said guardian to consent to said adop¬ 
tion. 

1621. Upon the filing of such petition the court shall 
fix a time for hearing the same, which time shall be 
at least fourteen days subsequent to the filing thereof; 
the court mm shall require notice of the hearing to be 
given to all parties interested either by personal service 
or by publication: Provided, it shall not be necessary to 
give notice to the minor child to be adopted, unless 
he shall be over the age of fourteen years. If notice 
shall be given by publication, it shall be published at 
least four consecutive weeks in some newspaper of general 
circulation in said county, wbieh and the last publication 
shall be at least ten days prior to the day of hearing: 
Provided further, in the event that the parents or either 
of them reside within the state, and personal service can 
be had upon them, such service shall in all such cases, 
be had upon such parent or parents. 

Upon the filing of a petition for the adoption of a 
minor child the judge or the clerk of the court shall notify 
the state child welfare bureau. It shall then be the duty 
of the bureau to verify the allegations of the petition; 
to investigate the condition and antecedents of the child ' 
for the purpose of ascertaining whether he is a proper 
subject for adoption; and to make appropriate inquiry 
to determine whether the proposed foster home is a suit¬ 
able home for the child. The bureau shall as soon as 
practicable submit to the court a full report in writing, 
with a recommendation as to the granting of a petition 


224 






and any other information regarding the child or the 
proposed home which the court shall require. No peti¬ 
tion shall he granted until the child shall have lived for 
six months in the proposed home: Provided, however , 
that such investigation and period of residence may he 
dispensed by the court upon good cause shown when 
satisfied that the proposed home and the child are suited 
to each other. 

Sec. 2. That said original sections 1616 and 1621 of 
the Revised Statutes of 1913 are hereby repealed. 


BILL NO. 51. 

GUARDIANSHIP. 

(An amendatory act.) 

Abstract of Changes. 

1. The parents are given equal rights to the services and earn¬ 
ings of their children, as well as to their custody and care, and if 
either abandons the child the guardianship devolves* upon the other. 

References. 

Laws Affecting Women and Children, Annie G. Porritt, pp. 139- 

147. 


A BILL 

For an Act to amend section 1632 of the revised Statutes 
of 1913 relating to guardian and ward and to repeal 
said original section. 

Be it Enacted hy the People of the State of Nebraska : 

Section 1. That section 1632 of the Revised Statutes 
of 1913 is hereby amended to read as follows: 

1632. The father and mother are the natural guardians 
of their minor children and are equally entitled to their 
custody, services and earnings and to ea*e direct their 
education, being themselves competent to transact their 
own business and not otherwise unsuitable. If either 
dies or is disqualified for acting, or has abandoned his 
or her family the guardianship devolves upon the other. 

Sec. 2. That said original section 1632 of the Revised 
Statutes of 1913 is hereby repealed. 


225 



Chapter V. 

ADMINISTRATION AND LAW ENFORCEMENT. 


BILL NO. 52. 

STATE CHILD WELFARE BUREAU. 

(A bill to repeal a law and enact new legislation.) 

Abstract of Changes. 

1 The present law creating the child welfare bureau in the 
department of public instruction and providing for a children’s 
code commission in connection with it is repealed and a new child 
welfare bureau with amplified powers' and duties is created in the 
dpartment of public welfare, where the present bureau has been 
actually placed by executive action. 

2. The powers and duties of the bureau are to enforce all laws 
for the welfare of the special classes of children and promote the 
general welfare of all children. To this end it shall inspect, regu¬ 
late and license child caring agencies; supervise the placing-out and 
adoption of children; visit children paroled from state institutions; 
supervise the work of juvenile probation officers and co-operate 
with juvenile courts; encourage the appointment of county superin¬ 
tendents of child welfare, certify to their fitness, and enforce the 
child labor law. 

3. Provisions are made for a director to be appointed by the 
head of the department. 

4. An advisory council is created, the members of which serve 
without compensation, for six year terms, rotating in office. The 
functions of the council are to study the whole field of child 
welfare, devise general policies to be recommended to the bureau, 
and to nominate two or more candidates for the position of director. 

References. 

Bulletins of the North Carolina State Board of Charities 
and Public Welfare for 1918 and 1919. 

Reports of the Missouri Children’s Code Commission of 1917 and 
1918. 

Minnesota Compilation of Laws Relating to Children, 1917. 

Summary of report of Reconstruction Commission. Albany, N. 
Y. 1919. 

Twelfth Annual Report, New York State Probation Commis’sion. 
Albany, N. Y. 1919. 

Report of Children’s Department. State Board of Control. Sac¬ 
ramento, California. 1919. 

Illinois, Public Welfare General Information and Laws. Spring- 
field, Illinois. July 1917 

Illinois Civil Administrative Code, Compiled by Secretary of 
State, 1917. 

Massachusetts, Commission on Probation. Boston. 1919. 

Ninth Report Colorado State Bureau Child and Animal Pro¬ 
tection. 1918. 

National Conference Social Work, 1920, pp. 43-46, 127-139, 319- 
31. 


226 


Cross references. 

See Part II, page 50 and bills 4, 5, 7, 8, 9, 10; bill 12, Sec. 
21; bill 26, s's 1, 2, 17; bills 28, 29; 32, s. 3; bills 45 and 53. 

Minnesota, Final Report of the Efficiency and Economy Com¬ 
mission. 1913. 

Summaries of State Laws, etc. Published by the Texas Confer¬ 
ence of Social Welfare, Dallas. 1918. 

A BILL 

For an Act relating to child welfare, creating a bureau 

of child welfare with an advisory council and repealing 

chapter 178, Laws of Nebraska, 1919. 

Be it Enacted by the People of the State of Nebraska: 

Section 1. There is hereby established in the depart¬ 
ment of public welfare a bureau to be known as the 
State Child Welfare Bureau, designated in this act as 
the Bureau, with the several powers, functions, and 
duties hereinafter prescribed. 

Sec. 2. The Bureau shall have power and it shall be 
its duty: First, to promote the enforcement of all laws 
for the protection and welfare of defective, unfiliated, 
dependent, neglected, and delinquent children and to 
take the initiative in all matters involving such children 
where adequate provision therefor has not already been 
made; and Second, to devise plans and means to promote 
the general welfare of children. 

To this end the Bureau shall: 

(1) Visit and inspect all public and private insti¬ 
tutions, agencies, or societies caring for, receiving, plac¬ 
ing out, or handling children. 

(2) Issue licenses or certificates as provided by law 
to such institutions, agencies, or societies and have power 
to revoke such licenses or certificates for good cause 
shown. 

(3) Exercise general supervision over the administra¬ 
tion and enforcement of all laws governing the placing- 
out and adoption of children. 

(4) Act as the agent of the board of control in rela¬ 
tion to children conditionally released or placed out from 
state institutions. 


227 


(5) Advise with judges and probation officers of 
courts of domestic relations and juvenile courts of the 
several counties, with a view to encouraging, standardiz¬ 
ing, and co-ordinating the work of such courts and officers 
throughout the state. 

(6) Encourage the appointment of county superin¬ 
tendents of child welfare, examine into their qualifica¬ 
tions upon their nomination by the county boards of child 
welfare, and if such persons are qualified, certify to their 
fitness for appointment. 

(7) Prescribe the form of reports required by law to 
be made to this bureau by public officers, agencies and 
institutions. 

(8) Enforce all laws regulating the employment of 
children, with full power of visitation and inspection of 
all factories, industries and other establishments or 
places in which children may be employed, permitted, or 
suffered to work, and the duties, power, and authority, 
with reference to the child labor law, heretofore im¬ 
posed upon the department of labor are hereby trans¬ 
ferred to and imposed upon the Bureau: Provided, that 
it shall be the duty of agents of the department of labor 
to report to the Child Welfare Bureau any violations of 
the child labor laws which may come to their notice. 

Sec. 3. The Bureau shall be under the immediate 
management and control of a director who shall lie ap¬ 
pointed as hereinafter provided, lie shall appoint such 
assistants, agents and clerks and shall be allowed such 
traveling and other expenses as are necessary to carry out 
the duties imposed upon the Bureau. 

Sec. 4. There shall be an advisory council to be 
known as the State Child Welfare Council, hereinafter 
called “the council/’ which council shall be composed 
of seven members designated and appointed as follows: 
the superintendent of public instruction, and one member 
of the board of control, designated by such Board, shall 
ex officio become members of the council, and within 
thirty days after this act shall take effect, the governor 
shall appoint five electors of the state especially qualified 
by education, experience, and interest in child welfare 

228 


problems, at least two of whom shall be women, and not 
more than two of whom shall reside in the same Con¬ 
gressional district. The term of office of two of these 
shall expire January 1, 1923, two on January 1, 1925, 
and one January 1, 1927, and the said terms of office shall 
be designated to each appointee by the governor and all 
succeeding appointments shall be made for a term of six 
years, and appointments to All vacancies shall be made 
by the governor for the residue of such term. The mem¬ 
bers of the council shall serve without compensation 
but the state shall refund to them their traveling and 
other necessary expenses actually paid out while in at¬ 
tendance on the meetings of the council or on the busi¬ 
ness of the Bureau. 

Sec. 5. It shall be the duty of the Council: 

(1) To nominate not less than two persons, exception¬ 
ally well qualified by character, training and experience, 
for director of the bureau and from such nominees the 
secretary of the department of public welfare shall ap¬ 
point the director of the bureau who shall serve for a 
term of six years unless removed for incompetency or 
neglect of duty after written charges have been sustained 
at a public hearing, with notice and opportunity to be 
heard. The salary of the director shall be designated 
by the council at not less than $3,000 nor more than 
$4,500 in accordance with the training and experience 
of the director. 

(2) To study the entire field of child welfare with a 
view to assisting the bureau in developing policies and 
programs to be carried out by its executive officials; 
to advise the executive officials of the bureau upon their 
request; to recommend, on its own initiative, policies 
and practices, which recommendations the executive of¬ 
ficers of the bureau shall duly consider, and to give 
advice or make recommendations to the governor or* 
legislature when so requested, or on its own initiative. 
To this end only it shall have access, at any time to all 
books, papers, documents and records pertaining or be¬ 
longing to the Child Welfare Bureau and may require 


229 


written or oral information from any officer or em¬ 
ployee thereof. 

(3) To submit annually a report to the secretary of 
the department of public welfare, which report shall be 
made public and transmitted to the governor along 
with the report of said department. 

Sec. 6. If any section or subdivision of this act is 
for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of 
this act. The legislature hereby declares that it would 
have passed this act, and each section, subdivision, sen¬ 
tence, clause, and phrase thereof, irrespective of the fact 
that any one or more sections, subdivisions, sentences, 
clauses, or phrases is declared unconstitutional. 

Sec. 7. Ohapted 178, of the laws of Nebraska of 1919, 
and all acts and parts of acts in conflict herewith are 
hereby repealed. 


BILL NO. 53. 

COUNTY BOARDS OF CHILD WELFARE. 

(A new and independent act.) 

Abstract of the bill. 

1. County boards of child welfare are to be established in each 
county consisting of tbe county superintendent, one member of 
the county board and three members appointed by the county judge, 
each serving 3 years, without compensation, rotating in office. 

2. The functions of the board are to assist the state child 
welfare bureau in the county, visit institutions for children, co¬ 
operate with all agencies in the administration of child welfare 
laws, advise county officials on matters relating to children, and 
to regulate and license commercialized amusements 1 . 

3. County superintendents of child welfare may be appointc'’ 
in the discretion of the county board of child welfare, and compen¬ 
sated as determined by that board and the county board. They may 
act as county attendance officers and probation officers, investigate 
applicants for mothers’ pensions, and for poor relief, promote whole¬ 
some recreation, and in general act as the agent of the board, 
cooperating with the state child welfare bureau in all child wel¬ 
fare work. 

References. 

National Conference Social Work, 1920. pp. 43-46, 127-139, 319-31. 

Second Annual Report, Board of Public Welfare, Omaha, NO’ 
braska, 1919. 

Indiana Bulletih of Charities. Sept. 1919. page 330. 

Recreation Legislation. 1915. Russell Sage Foundation, 


\ 


230 



Bulletins, North Carolina State Board of Charities and Public 
Welfare, 1918-1920. 

Missouri Children’s Code Commission Report, 1918, pp. 220-231. 

A BILL 

For an Act to consolidate the child -welfare work in each 
county of the state; to establish comity boards .of child 
welfare; to provide for county superintendents of child 
welfare, to prescribe their powers and duties, and to 
fix their compensation. 

Be it Enacted, by the People of the State of Nebraska: 

Section 1. Within thirty days after this act goes into 
effect, the judge of the juvenile court of each county shall 
appoint three electors resident therein, at least one of 
wrom shall be a woman, who, together with the county 
superintendent of schools and one member of the board 
of count} commisisoners or county supervisors who shall 
be designated by such board of commissioners or super¬ 
visors for that purpose, shall constitute the county board 
of child welfare. Upon the appointment of the above 
named board, and regularly thereafter the judge shall 
file the name, address and dates of term of office with the 
state bureau of child welfare. 

Sec. 2. The members of the county board of child 
welfare shall serve without compensation The appoin¬ 
tive members shall hold office as follows: the term of 
one shall expire January 1, 11)22, of the second, January 
1, 1923. and of the third, January 1, 1924, said term of 
office to be designated to each appointee by the appointing 
judge, and all succeeding appointees shall hold office for 
a regular term of three years. Appointments to fill 
vacancies shall be for tin 4 unexpired term. 

Sec. 3. It shall be the duty of the county board of 
child welfare to advise with and to assist the state child 
welfare bureau in its work in the county, to make such 
visitations and reports and to perform such duties as may 
be required of it by the state child welfare bureau, and 
to act in a general advisory capacity to the county and 
municipal authorities in dealing with questions involving 
the administration of laws relating to children, and the 


231 


amelioration of conditions affecting children generally. 
It shall he the duty .of the county hoard of child welfare 
to co-operate with all social agencies in the county, and 
upon request of any public social agency it may, in the 
interests of economy and efficiency, assume the duties of 
that agency in the county. 

Sec. I. The county hoard of child welfare shall have 
power to appoint an executive agent to he known as 
the county superintendent of child welfare who shall 
serve at the pleasure of the hoard, and whose salary shall 
he fixed by said board by and with the consent of the 
county hoard of commissioners or supervisors, and paid 
from the public funds of the county upon warrants signed 
by the chairman of the county hoard: Provided, that no 
person shall be appointed to the office of county superin¬ 
tendent of child welfare who has not been duly certified 
by the state child welfare bureau as qualified by training 
and character to serve in such capacity. 

Sec. 5. The county superintendent of child welfare 
shall have power and it shall be his duty: 

(1) To act as county attendance officer when so 
ordered by the county board of child welfare and to en¬ 
force all laws relating to compulsory education and 
child labor. 

(2) To act as county probation officer upon appoint¬ 
ment by the judge of the juvenile court. 

(3) To investigate all applicants for mothers’ pen¬ 
sions, and for poor relief where children are involved, to 
make recommendations to the proper authorities for or 
against, such assistance, and to keep complete records 
of all such investigations and recommendations. 

(4) To promote wholesome recreation in the county 
and to aid in the enforcement of laws for the regulation 
of commercialized amusements. 

(5) To furnish information to, and co-operate with, 
all officials in securing the enforcement of the laws re¬ 
lating to children. 

(6) To act as the agent of the state child welfare 
bureau in relation to any work done by the said bureau 
within the county. 


232 


See. 6. Within thirty, days after their appointment, 
the members of the comity hoard of child welfare shall 
meet and organize by electing a chairman who shall 
serve until the first meeting of the board in January and 
thereafter the chairman shall be elected annually at the 
first meeting in January. 

Sec. 7. The county board of child welfare shall meet 
at least monthly with the county superintendent oif child 
welfare who shall act as secretary of the board: Provided, 
that in counties in which there is no county superinten¬ 
dent of child welfare, one member of the county board 
of child welfare shall be designated to serve as secretary. 
The county board of child welfare shall have general over¬ 
sight and supervision of all of the work of the county 
superintendent of child welfare. 

Sec. 8. The county board of child welfare shall have 
power to supervise, regulate and license or suppress 
public dance halls, pool halls, motion picture houses, 
traveling: shows and all forms of commercialized amuse¬ 
ments in the county, outside of incorporated cities and vil¬ 
lages and it may define commercialized amusements and 
may by rule establish standards for such amusements 
and provide a proces for issuing and revoking licenses. 

Sec. 9. The county board of child welfare shall visit 
at least annually, and as often as may be necessary, all 
reformatory, correctional, or charitable institutions or 
agencies within the county, caring for, receiving or hand¬ 
ling children. It shall report annually to the board of 
county commissioners, or other officers having jurisdiction 
over such institutions, and shall make recommendations 
regarding the improvement of such institutions and re¬ 
garding any measures to be taken for the relief of distress 
or the protection of children or the prevention of pauper¬ 
ism. It shall also report annually to the state child wel¬ 
fare bureau upon such blanks and in such form as the 
bureau shall require. 

Sec. 10. The county board of child welfare may ap¬ 
point assistants as may be necessary, due to the size of 
the county or the growth of the work; and certain of 
the duties of the county superintendent of child welfare 


233 


may be delegated to the assistants of the county superin¬ 
tendent of child welfare. Such assistants shall be paid 
such salaries as shall be allowed by the county board 
upon ecommendation of the county board of child wel¬ 
fare. 

Sec. 11. in counties where there are cities which al¬ 
ready have a local board of public or child welfare, or 
which may wish to establish such, the governing bodies 
of such cities may make arrangements with the county 
board of child welfare to consolidate or co-ordinate the 
work as may be mutually agreed upon with such division 
of expenses as may be equitable. 


INDEX. 


Abandonment, law on,— 

proposed amendment, Bill 36 . 

Administration— 

and law enforcement . 

county boards of child welfare . 

of child labor law . 

of child welfare laws . 

of compulsory education law . 

state supervision of .. 

principles of, discussed .. 

school health law .... 

state child. welfare bureau . 

Adoption, law on,— . 

proposed amendment, Bill 51.. 

Age of majority for girls— 

proposed amendment to law, . 

Appropriations, for livestock, fish and game— . 

for child welfare ... 

recommended, for state aid to weak districts 

for state school health supervision ... 

for child hygiene and pre-natal care . 

summary of appropriations recommended 

discussion of all, .. 

Assessed valuation, total for Nebraska . 

Attendance, school,— ... 

officers . 

Baby farms, see “Maternity hospitals” 

Bastards, see “Unfiliated children” 

Beet fields', child labor in . 

Births, in Nebraska and in the U. S. 

Blind children— 

census of, . 

compulsory attendance at state school . 

Board of control— 

bureau of juvenile research under, . 

dependent children under, .. 

for child welfare work ... 

Bureau of juvenile research— 

appropriation recommended for, . 

proposed law, Bill 1 . 

references on, .. v . 

to examine children in courts . 


Page 
. 196 

. 50 

. 55, 230 

. 41 

. 51 

. 35, 128 

. 133 

.,. 50 

. 36, 142 

. 52, 226 

. 50 

. 222 

. 221 

. 61 

. 61 

...'. 35 

. 37 

. 42 

. 59 

. 59 

. 64 

. 35, 125 

35, 130, 138 


38, 163 
. 42 

. 132 

. 127 

. 70 

. 79 


59 

69 

69 

103 





































Page 

Castration for rapists— 48 

proposed law, Bill 44 . 208 

Censorship, of motion pictures .. 43, 182 

Child hygiene, appropriations recommended . 42 

Child labor— 

compulsory attendance at part-time schools . 134 

employment certificates . 160 

general discussion of, . 38 

penalties . 164 

proposed law, Bill 26 .:. 158 

reasons for legislation on... 38 

theaters employing children . 165 

Child placing— 

by private agencies, Bill 8 .. S6 

by state home . 79 

juvenile courts and, . 104, 106 

regulation of private agencies . 23, 25 

Child welfare, see “State child welfare bureau” 

“County boards of child welfare”— 

appropriations recommended for, . 59 

child welfare council . 34 

general child welfare . 46 

International conference on, . 39 

“Minimum Standards” . 39 

purposes of legislation . 14 

scope of . 11 

Children— 

born out of wedlock, see “Unfiliated children” 

in houses of ill-repute, Bill 15 . 121 

in industry, discussion of. 38 

child labor bill . 158 

in theaters . 165 

minimum wage bill . 148 

in poorhouses .. 82 

laws for protection of, . 47 

statistics of, in Nebraska . 13. 18 

Children’s Homes— 

licensing of, .. 42, 143 

proposed law to regulate, Bill 29 . 175 

see also “Child placing” 

Commitment of children,— 

permanent and temporary . 105 

to jails, prohibited . 107 

Compulsory care— 

of unmarried mothers . 50 

Compulsory education— . 34 

proposed amendment, Bill 17 . 123 

236 







































Page 


County boards of child % welfare— 

analysis of law on, . 55 

to protect children ..*. 49 

to regulate commercialized amusements . 43 

proposed law, Bill 53 . 230 

County superintendents of child welfare— . 56 

to act as attendance officers ..... 128 

to rescue children from immoral resorts . 131 

Court of domestic relations— 

proposed law, Bill 13 . 113 

Deaf children, compulsory attendance at state school— . 127 

census of, . 132 

Defective children . 17 

Delinquent children— 

definition ..'... 101 

problem of, . 28 

see also “State industrial schools” 

“Juvenile courts” 

“Reformatory for women” 

Dependent children— 

definition .100 

from other states . 88 

in juvenile courts . 104 

in Nebraska .. 19, 22, 26 

regulation of organizations for, . 87 

state home for, . 78 

Desertion— . 50 

proposed law relating to marriage to escape prosecution, 

Bill 47 . 218 

Detention homes for children . 110 

Divorce— 

statistics of .... 40, 46 

proposed amendment, Bill 34 . 195 

Education and child labor . 32 

Employment certificates ... 135, 160 

Feeble-minded— 

See “Bureau of juvenile research,” 

“Mentally subnormal” 

Commitment of, Bill 2 ...-. 71 

definition of, . 72 

inmates of reformatory for women . 94 

institution for, . 72 

laws recommended . 20, 69-78 

recommendations as to policies . 22 

references . 71 


237 

































Page 


Filiation proceedings— 

proposed law, Bill 45 . T. . 210 

Guardianship of minors— 

age of majority for girls' . 50 

proposed amendment, Bill 49 . 221 

control of minors by parents 

proposed amendment, Bill 51 . 225 


Health measures . 42, 169 

Hours of labor— 

for children . 38, 163 

for women in industry, proposed amendment, Bill 22 . 146 

s' 

T ” r '~Hmate children, s'ee “Unfiliated children” 

Incest, law on,— .. 48 

proposed amendment, Bill 41 . 202 

Jury trials— 

in courts of domestic relations . 114 

in juvenile courts .».. 100 

Juvenile courts— 

in Nebraska and Illinois . 28 

children in immoral resorts . 122 

need of . 31 

proposed law, Bill 12 . 96 


Marriage and divorce— . 

proposed marriage law, Bill 33 .... 

Maternity hospitals— . 

proposed law, Bill 28 . 

Mentally subnormal— 
see “Feeble-minded” 

special classes for, Bill 3 . 

Midwives, need of regulation,— . 

proposed law to license, Bill 30 .... 
Minimum wage commission— 

appropriations recommended . 

for women and children . 

proposed law, Bill 24 . 

Morals, public— . 

proposed law, Bill 43 . 

Mothers’ pensions— . 

proposed amendment to law, Bill 7 
Motion pictures—■ 

regulation of . 

appropriation for .. 

proposed law, Bill 32 . 


46 

190 

42 

169 


77 

43 

179 

59 

38 

14S 

48 

205 

25 

86 

43 

59 

182 


238 



































Page 

Neglected children, definition . 100 

Nebraska home for dependent children— 

proposed amendment to law, Bill 4 . 78 

Newsboys, .see “Street Trades” 

Non-support, law on,—- 

proposed amendment, Bill 37 . 197 

Occupations prohibited to children .. 40, 159 

Pandering— 48 

proposed amendment to law, Bill 42 . 203 

Parole, for delinquent children . 91, 93, 94 

Part-time schools— 

proposed amendment to law, Bill 18 . 134 

Poison, law regulating sale,— 

proposed amendment, Bill 39 . 200 

Pool halls, law on,— 

proposed amendment, Bill 31 . 181 

Poorhouses, children in,— 

proposed amendment to law. Bill 6 . 82 

Pregnant women, not to be cared for in poorhouses . 82 

Probation officers— . 108 

proposed amendment to law, Bill 14 . 119 

Protection of children, laws for . 47 

Psychologist or psychiatrist, to examine . 94, 103 

Rape, law on,— . 48 

proposed amendment to law, Bill 40 . 201 

Recreation, commercialized . 43 

Reformatory for women, law on,— 

proposed amendment, Bill 11 . 94 

Relinquishments of children . 87, 106 

Rural conditions, children in, . 12 

Scholarships for needy children . 35. 40, 127 

School health law— 

discussion of, . 36 

proposed law, Bill 21 . 142 

School tax, maximum allowed by law— 

proposed amendment, Bill 20 . 141 

Schools, see “Compulsory education” 

continuation, . 35, 134 

health law for, . 36, 142 

in Nebraska . 32 

length of term required— . 33 

appropriations recommended . 59 

state tax for, discussed . 33 

Sex crimes . 48, 201 

Sheppard Towner law . 42 


239 




































XT’ 


Page 

State aid for weak school districts— . 35 

proposed amendment to law, Bill 19 . 136 

State child welfare bureau— 

for dependent children . 24 

analysis of proposal . 52 

appropriation recommended for, . 58 

to place out dependent children . 79 

to cooperate with state industrial home . 81 

child placing organizations to report to... 87 

to visit children placed out . 88 

dependent children from other states . 88 

to license child placing agencies 1 . 89 

records of dependent children ... 89 

to license maternity hospitals .. 170 

to license children’s homes . 176 

to care for unfiliated children ... 215 

proposed law, Bill 52 ... 226 

State home for dependent children .. 24, 78 

State industrial home, Milford— 

proposed amendment to law, Bill 5 . 80 

commitment to . 218 

State Industrial Schools— ..... 29 

for boys, proposed law, Bill 9 . 91 

for girls, proposed law, Bill 10 ... 92 

State school health director . 142 

State superintendent of public instruction— 

to enforc’e compulsory education law . 133 

Street carnivals, regulation . 44 

Street trades, need of regulation .... 41 

proposed law, Bill 27 . 167 

Tax— 

school district . 141 

state, for schools . 33 

Taxation and child welfare . 64 

Theaters, child labor in ... 165 

Unfiliated children— 

definition ... 49, 199 

movement for new legislation . 49 

in maternity hospitals ... 173 

in state home for, . 24, 80, 218 

Venereal disease, examination for— . 191 

advertising remedies for, proposed amendment, Bill 38 . 199 

Welfare, see “State child welfare bureau,” 

“County boards of child welfare.” 

Women in industry ... 37, 146, 147, 148 

Work permits, see “Employment certificates.” 


240 










































* 












































































































































































































































































































































































































































































































































































































































































A 





